Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder pauld56 Novitiate

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    Default DLA overpayment

    Hi all
    Wonder if anyone can help, I was informed in October 2007 that I was to be interviewed under caution by the DWP for not informing them to a change in circumstances. I had been recieving DLA Mobility High rate since 1995, and used the DLA to get a car on the Motability scheme. I was interviewed by DWP Fraud investigators and shown a witness statement taken from my Line Manager who was asked basic questions about me ie my work pattern and duties. I am a line manager and my job is clerical, I walk very short distances around the office. I was also shown a video taken of me at my place of work, this video shows me leaving the building to go for a "fag break" again a short distance. Also on the video it showed me on a shopping trip with my sons into the city, they claimed I walked about 2 miles or about 2 hours without a break. However the video was edited in fact the total lenth of the video is 55 mins.

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  2. #2
    Basic Account Holder pauld56 Novitiate

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    Default DLA overpayment

    Hi all
    Wonder if anyone can help, I was informed in October 2007 that I was to be interviewed under caution by the DWP for not informing them to a change in circumstances. I had been recieving DLA Mobility High rate since 1995, and used the DLA to get a car on the Motability scheme. I was interviewed by DWP Fraud investigators and shown a witness statement taken from my Line Manager who was asked basic questions about me ie my work pattern and duties. I am a line manager and my job is clerical, I walk very short distances around the office. I was also shown a video taken of me at my place of work, this video shows me leaving the building to go for a "fag break" again a short distance. Also on the video it showed me on a shopping trip with my sons into the city, they claimed I walked about 2 miles or about 2 hours without a break. However the video was edited in fact the total lenth of the video is 55 mins. After the interview i was informed in the December 2007 that my DLA was stopped and the overpaymenticon was to go back to October 2006 on the evidence of another witness who claims to have seen me shopping in a local supermarket about a year ago !! I am still waiting to hear from the DWP of any other action ie Criminal action, caution, the interview was some 5 months ago now. Any advice/comments would be most welcomed. Sorry its a bit long winded.........Pauld56


  3. #3
    Basic Account Holder GlasweJen Informative GlasweJen Informative GlasweJen's Avatar

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    Default Re: DLA overpayment

    I don't know, what have they told you about rights to appeal and stuff?

    Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

    I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)




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  4. #4
    Basic Account Holder pauld56 Novitiate

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    Default Re: DLA overpayment

    Quote Originally Posted by GlasweJen View Post
    I don't know, what have they told you about rights to appeal and stuff?
    Just the normal thing I have the right to appeal, and to supply any new evidence to support the appeal, but I'm stuck as still do not know what follow up the DWP are to do apart from the overpaymenticon. Has any one else bee in this situation ? thanks for the reply


  5. #5
    Basic Account Holder GlasweJen Informative GlasweJen Informative GlasweJen's Avatar

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    Default Re: DLA overpayment

    Right Paul time for action. YOu want to send a SARicon specifically asking for the tape they showed you plus anything else they have on your file (advice on preparing a SARicon is in the letters area but if you need help just shout).

    When you get your info back you need to sit and highlight anything that is wrong or misguiding.

    With the tape sit and watch it and write down stuff like "start - 5 mins 01/01/07 0900, at work. Walked X meters to take a cigarette break. 5 mins - 10 mins 01/02/07 noon, at Tesco. Walked X meters to collect essential items of shopping. Rested for Y time." Sounds daft but it's to show that the tape has been highly edited.

    Get onto your doctor or consultant or both and request a report on your medical condition.

    If you have a carer (this can be your wife, kids, a neighbour or someone you employ to be carer) get them to write a statement saying in which ways you need cared for and how often.

    Add in anything else you think is relevant, can you use public transport? Can you cook a meal for yourself? What happens if you walk too far without rest?

    Photocopy it all, send a copy away with a letter saying you want to appeal and hope for the best. If it goes to tribunal don't panic, lots of claims are dealt with at tribunal and they tend to favour the disabled person.

    If you need any more help just give a shout or try PM bookworm who is well clued up on this stuff.

    Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

    I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)




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  6. #6
    Basic Account Holder bigbutcute Novitiate

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    Default Re: DLA overpayment

    Firstly is your employer a data controller, the reason i ask is i'm sure that would have to be to use recording equipment i.e. cctv


  7. #7
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    Default Re: DLA overpayment

    bump


  8. #8
    Basic Account Holder mooreda Novitiate

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    Default Re: DLA overpayment

    I always understood to get the mobility component of Disability Living Allowance, your disability must be severe enough for you to have the following walking difficulties, even when wearing or using an aid or equipment you normally use:
    • you are unable or virtually unable to walk, or you have no feet or legs, or
    • you are assessed to be both 100% disabled because of loss of eyesight and not less than 80% disabled because of deafness and you need someone with you when you are out of doors, or
    • you are severely mentally impaired with severe behavioural problems and qualify for the highest rate of care component, or
    • the effort of walking could threaten your life or seriously affect your health, or
    • you need guidance and/or supervision from another person when walking out of doors in unfamiliar places
    The DWP probably believe that because you can walk short distances around the office and you do not need guidance or supervision, that you have exagerated your claim and were never entitled to the high rate or any rate at all. Did you not realise from the DLA claim pack/guidance notes and letters that you may have been receiving the incorrect level of benefit?


  9. #9
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    Default Re: DLA overpayment

    what we've got to remember is that sometimes people walk because they have no choice but they do so with considerable discomfort or pain. They can also walk in a specific manner; slowly, taking breaks, leaning on something, getting breathless etc. So the fact that you walked is not the indicator that you do not qualify for higher mob component; it's the effect of walking on your health, the manner of walking, the discomfort and pain it has caused, the distance, the time, the speed.
    Do you have assistance from any advice agency/solicitor?

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  10. #10
    Basic Account Holder pauld56 Novitiate

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    Default Re: DLA overpayment

    Hi Joa
    Thank you for the reply I have seen the CAB and there dealing with the overpaymenticon, but as for legal advice No I did seek advice and take a solictor with me to the interview under caution in October 2007 but he just sat there and said nothing and his advice to me afterwards was "Wait and see what happens" and as to date I still don't know what if any action by DWP Fraud are to take is this normal to wait so long before they decide if to take action ? Thanks again


  11. #11
    Basic Account Holder pauld56 Novitiate

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    Default Re: DLA overpayment

    Not at all I had a Benefits doctor come to my home and he agreed that I should get DLA High rate mobility also my own GP and hospital consultant agreed I was awarded the DLA in 1995 I have been in my job since 2001 as I under the impression you are allowed to work while getting DLA, just as a after note since my DLA was stopped my condition as deterated and is starting to effect my Attendance at work, I am also back on Morphine Sulphate for pain a strong pain killer I was able to come off some time ago but now I am back on a high dose and in constant pain ... So if any thing the DWP are proberly going to be responsible for me having to stop work, paying taxes national insurance. I will then of course have to claim Incapacity Benefit or the new ESA allowence and of course become a burden on the tax paying people of the UK ... So who is the winner ?


  12. #12
    Basic Account Holder pauld56 Novitiate

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    Default Re: DLA overpayment

    ???????? and your reply means exactly ?


  13. #13
    Basic Account Holder pauld56 Novitiate

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    Default Re: DLA overpayment

    it was all hand held video

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  14. #14
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    Default Re: DLA overpayment

    hi
    I am a bit confused have some people replied via personal message,


  15. #15
    Basic Account Holder pauld56 Novitiate

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    Default Re: DLA overpayment

    Quote Originally Posted by old_andrew2007 View Post
    hi
    I am a bit confused have some people replied via personal message,
    No just on here I really do need some serious advice if you can help i would be most greatful

    Paul


  16. #16
    DCG DCG is offline
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    Default Re: DLA overpayment

    subbingicon to this

    hope you get it sorted

    ive applyed for dla as i have 2 torn discs in me back
    l4/l5 they thought it wa syatica at first and i cant walk properly or for long
    applyed 6 weeks ago and still nothing
    im on morphine as well 3 60mg a day and oramorph for wen i need a pain relife boost also gabapentin 3 300mg
    to sort the pain and numbness in me leg

    any way hope you get sorted soon m8


  17. #17
    Basic Account Holder GlasweJen Informative GlasweJen Informative GlasweJen's Avatar

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    Default Re: DLA overpayment

    the applications take ages to go through DCG so don't be surprised if something comes through your door in the next 3 or 4 weeks. If you want you can call up and ask for the status of your application.

    Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

    I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)




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  18. #18
    Basic Account Holder pauld56 Novitiate

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    Default Re: DLA overpayment

    Quote Originally Posted by DCG View Post
    subbingicon to this

    hope you get it sorted

    ive applyed for dla as i have 2 torn discs in me back
    l4/l5 they thought it wa syatica at first and i cant walk properly or for long
    applyed 6 weeks ago and still nothing
    im on morphine as well 3 60mg a day and oramorph for wen i need a pain relife boost also gabapentin 3 300mg
    to sort the pain and numbness in me leg

    any way hope you get sorted soon m8
    Hi DCG
    Just an update I got a summons to attened the Magistrates Court on the 11/April/207 to face a charge under section 112 (1A) of the Social Security Administration Act 1992 mainly that between 11 October 2006 and 09 October 2007 at my home address that I the defendant with a view to obtaining for himself Disability Living Allowence failed to notify a change in circumstances whicj was required to notify,namely that his capabilities and mobility had increased contrary to the section. The date they are going back too is based not on medical evidence as I have a letter from my GP stating that in the last 10 years there has been no improvement or is there likely to be no improvement in the future. But on the evidence of someone who hardly knows me only by sight, that they "Saw me about a year ago shopping and I looked as if I wasn't in pain" the shopping by the way was a newspaper (The Sun) so from start to finish this has taken 5 months from Interview under caution to a summons....Any advice ? Have you had any progress on your claim to DLA ? also as a foot note my medacation has been increased for the pain I'm in since losing my car and having to travel to work on public transport this journey now takes over 1 hour so I have to take stronger Morphine Sulthate and of course the effects that has on me .... Best regards to all Paul


  19. #19
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    Default Re: DLA overpayment

    2 threads merged, please keep to 1 thread per story, it's easier to follow that way.


    Well, I think that you need to get as much of help from your GP as you can: Get him to list the medications you're on, with the dates they have been prescribed, the increases in dosages etc, everything that shows that to cope with the same condition, you have to resort to higher pain control methods. Get him to write a letter in layman's terms clearly stating that the whole claim is absurd as you have a condition which can not physically get better unless someone believes in miracles.

    You'll want to challenge the witness statement, obviously: How does the witness know you weren't in pain? Is he/she a pain specialist? Does he know how much medication you were on at the time? How long did he see you for? How was he able to ascertain how much discomfort you were experiencing from seeing you there? Does he know what your pain thresholds are and how you express them?

    At the risk of sounding awful, on the day of the tribunal, do not take any medication unless absolutely necessary and even then as little as you can to function. You want the judge to see exactly what it means for you having what you have and dealing with it the way you do. If it means at some point things will have to stop because you can't cope, well, maybe that will make the point across more clearly than anything else would.

    You need letters or witnesses to testify how much help you get on a day-to-day basis, to document how bad things are. If you have someone who comes in to help caring, whether be a cleaner or a carer, social services or whatever, get them to write detailing it too.

    One thing to note is that the charge is failing to notify of a change in circumstances, so you need to concentrate on showing that they haven't, and if they have, they have got worse, not better.

    Just passing through, don't mind me...!
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