Need some advice if possible.

I am currently on DLA HRM and LRC since 2006, my initial application failed for any MR but awarded LRC so I asked for a review which agreed same so I went to appeal and in between provided further evidence. Please note I had included on my application and in continuation sheet that my condition was variable and reference was made to good and bad days. I went to appeal hearing and it was agreed to adjourn for more information from a medical examination. I had the examination and just a week later suffered a brain injury which almost killed me and required surgery, upon discharge more documentation from the tribunal service had arrived including he doctors report which was to be added to my bundle for the next hearing. There were one or two errors in my opinion in the docs statement so I wrote to the tribunal to say so and to advise that I had just been discharged from hospital with a serious brain injury, that my care needs had increased temporarily and my mobility remained unchanged and confirmed attendance at the rescheduled hearing although I could no longer drive (DVLA removed my licence for 6 months min). To my surprise without the final hearing I received notification from the tribunal service that my appeal was revised by the Appeals Officer, without the further hearing and was a more favourable one! I then received instanty an award letter from DWP stating HRM and LRC indefinately.

Since the award I have the added post brain trauma syptoms which are in addition to my original claim but by care needs are now as they were at the point of claim, mobility remains the same.

I have just received a letter to invite me to attend and IUC with DWP regarding possible criminal offence regarding my benefits, I only claim DLA as work (home based) as I did at the point of claim.

I have read everything I can on this online so am getting rather clued up but am absolutely dreading the interview. I have arranged for legal representation as I know I will not cope with the interview on my own.

I am guessing if they have had a tip off that I am not disabled that I will have been under surveillance and that they will have evidence to now support the allegation; however my circumstances have not changed in my opinion, I am as I was at the point of application and have referred to good days to show that my issues are not always present i.e variable so I am assuming any evidence would be around those such times (I am never out in public at the worst times) If anything my condition is worse given the new syptoms and I am guessing he will not be aware of my brain issue or new syptoms which, given they will not change my award were never reported directly to DWP as they are technically additional issues with mobility and mental health and this will not increase my award! I have had and continue to have ongoing treatment for all my conditions, have been hospitalised four times since claiming including two strokes, now what a benefit thief would have to suffer!

What I am worried about is that I never qualified in the first instance and I am wondering if the Tribunal, faced with news of my significant brain trauma and hospitalisation, have made a decision to award and I am now paying the price! My mobility features on servere discomfort and pain and whilst I had stated risk of fall and stumbles and the need (but do not always have) for somebody to be with me; for the record I attended the hearing alone as it was not possible to have somebody with me.

Two questions, If I have stated variation in my application and I have variation now can they prosecute on this i.e. no change in circumstance to report and secondly, would the tribunal have a manuscript of the hearing and details as to why they overturned the decision as I think this would also support my case and if so how can I get access to this.

I am rather expecting the chap from DWP will be sat there, with my application and photos/video of my walking unaided or not seemingly with pain which is not unusual but not my permanent state of mobility; I usually always have a walking aid unless extremely well (rarely) Will he have all the tribunal paperwork as within this is where all relevance to variable is in the main other than reference to this in a few places in my application?

I also hope he has the written note sent to the Tribunal (and confirmed as received) stating I had had the brain injury, was now home and care needs increased but mobility not) as this is a change in circumstance which I have reported. I do not believe anything has changed, no surgery, no cure and still with a degenerative condition! I am fully aware of the need to notify if anything changes but not if it changes day by day? I would be on the phone to DLA every day!

Has anybody been to an IUC, how was it and what should I expect. This is making me more sick, have not eaten a thing for 48 hrs, pain is escalating and affecting everything for me! One minute I am a wreck the next I want to fight this all the way, they can not accuse me of fraud, I have not knowingly done anything and actually pay more in taxes that the bloody benefit is worth!

One last point, phoned today to rearrange the interview and the chap was a little bit shocked to hear I was bringing a legal rep; not rolling over with this.

Any help, support, encouragement or opinion gratefully received.

Worried sick!

Tagga,

I have been there - done that and so I can say with all certainity it is not pleasant but they will not tie you up and torture you. The psycological stress is the worst bit. To get a solicitor to go with you is expensive. Have you tried local CAB or employments rights for help. You will be cautioned and the interview will be recorded. After you have been interviewed make it clear you want copies of the tapes of your interview. If you go on your own THINK before you answer it is not a race.

Have you checked with your GP to see if the DWP has requested any information ?

Nothing I say will alleviate what you are feeling but do please enquire to see if you can get someone to sit in with you

Have they suspended your benefit ?

Do you claim any other benefit ?

Good Luck

This http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/how-to-handle-an-interview-under-caution/ is a link to some useful information.

As the previous poster says, undoubtedly the waiting is the worst. If your circumstances genuinely haven't changed then it may take a while to go through the whole process, but it will be sorted out eventually.

Whilst you are waiting, you could compile every bit of paper you can find relating to your claims in some sort of sensible order so you can find things if you need them.

Need some advice if possible.

 

I am currently on DLA HRM and LRC since 2006, my initial application failed for any MR but awarded LRC so I asked for a review which agreed same so I went to appeal and in between provided further evidence. Please note I had included on my application and in continuation sheet that my condition was variable and reference was made to good and bad days. I went to appeal hearing and it was agreed to adjourn for more information from a medical examination. I had the examination and just a week later suffered a brain injury which almost killed me and required surgery, upon discharge more documentation from the tribunal service had arrived including he doctors report which was to be added to my bundle for the next hearing. There were one or two errors in my opinion in the docs statement so I wrote to the tribunal to say so and to advise that I had just been discharged from hospital with a serious brain injury, that my care needs had increased temporarily and my mobility remained unchanged and confirmed attendance at the rescheduled hearing although I could no longer drive (DVLA removed my licence for 6 months min). To my surprise without the final hearing I received notification from the tribunal service that my appeal was revised by the Appeals Officer, without the further hearing and was a more favourable one! I then received instanty an award letter from DWP stating HRM and LRC indefinately.

 

Since the award I have the added post brain trauma syptoms which are in addition to my original claim but by care needs are now as they were at the point of claim, mobility remains the same.

 

I have just received a letter to invite me to attend and IUC with DWP regarding possible criminal offence regarding my benefits, I only claim DLA as work (home based) as I did at the point of claim.

 

I have read everything I can on this online so am getting rather clued up but am absolutely dreading the interview. I have arranged for legal representation as I know I will not cope with the interview on my own.

 

I am guessing if they have had a tip off that I am not disabled that I will have been under surveillance and that they will have evidence to now support the allegation; however my circumstances have not changed in my opinion, I am as I was at the point of application and have referred to good days to show that my issues are not always present i.e variable so I am assuming any evidence would be around those such times (I am never out in public at the worst times) If anything my condition is worse given the new syptoms and I am guessing he will not be aware of my brain issue or new syptoms which, given they will not change my award were never reported directly to DWP as they are technically additional issues with mobility and mental health and this will not increase my award! I have had and continue to have ongoing treatment for all my conditions, have been hospitalised four times since claiming including two strokes, now what a benefit thief would have to suffer!

 

What I am worried about is that I never qualified in the first instance and I am wondering if the Tribunal, faced with news of my significant brain trauma and hospitalisation, have made a decision to award and I am now paying the price! My mobility features on servere discomfort and pain and whilst I had stated risk of fall and stumbles and the need (but do not always have) for somebody to be with me; for the record I attended the hearing alone as it was not possible to have somebody with me.

 

Two questions, If I have stated variation in my application and I have variation now can they prosecute on this i.e. no change in circumstance to report and secondly, would the tribunal have a manuscript of the hearing and details as to why they overturned the decision as I think this would also support my case and if so how can I get access to this.

 

I am rather expecting the chap from DWP will be sat there, with my application and photos/video of my walking unaided or not seemingly with pain which is not unusual but not my permanent state of mobility; I usually always have a walking aid unless extremely well (rarely) Will he have all the tribunal paperwork as within this is where all relevance to variable is in the main other than reference to this in a few places in my application?

 

I also hope he has the written note sent to the Tribunal (and confirmed as received) stating I had had the brain injury, was now home and care needs increased but mobility not) as this is a change in circumstance which I have reported. I do not believe anything has changed, no surgery, no cure and still with a degenerative condition! I am fully aware of the need to notify if anything changes but not if it changes day by day? I would be on the phone to DLA every day!

 

Has anybody been to an IUC, how was it and what should I expect. This is making me more sick, have not eaten a thing for 48 hrs, pain is escalating and affecting everything for me! One minute I am a wreck the next I want to fight this all the way, they can not accuse me of fraud, I have not knowingly done anything and actually pay more in taxes that the bloody benefit is worth!

 

One last point, phoned today to rearrange the interview and the chap was a little bit shocked to hear I was bringing a legal rep; not rolling over with this.

 

Any help, support, encouragement or opinion gratefully received.

 

Worried sick!

Just to point out

There No such thing as indefinitely awards any more of DLA and ESA, at sometime you will be asked by DWP to claim PIP depending on how old you are and how long DLA award was for....

On PIP Regular views will be carried out depending on claimants circumstances ....

As for the IOU take someone with you and ask for a copy of the interview

Good Luck.

Thanks for the advise thus far all.

I have compiled two duplicate folders of all paperwork on DLA, one for me and one for the solicitor if it goes further after IUC. Within I have my original claim within which I clearly state variation on more than one occasion and even mentions periods when my mobility "is not affected" as that is honestly how I am, good days, bad days, some for weeks, some for days such is the nature of my condition. There is further reference to this variation in the continuation sheet I sent with claim, my letters for review and indeed evidence to the tribunal. I have every letter ever sent and received which shows the initial claim, the DM opinion, my challenge, second same decision and then to Tribunal and then the on off with the tribunal with an out of the blue change to Yes for HRM and LRC, I also have the doctors report at the time and which on review today I still insist NO CHANGE. So I did not lie at the onset of the claim, have all the medical evidence to support which continues since claim awarded and have in my mind no reason to report any change of circumstance so how have I committed fraud?

Yes there are days when, not without discomfort or pain I can do lots of things - walk unaided (short duration), carry shopping, walk the dogs (not on a lead as this is impossible due to hand issues) but a gentle walk usually always with a stick can be done but not repeatedly and as I stated on my form, what I do today I pay for tomorrow.

However since first claim I have had a brain heommarrage and two TIAs to follow, am on more medication and under a neuro and had to go right back to basics with OT as a result. No longer term change for care, I am as independent as I was other than the issues I originally have. More issues with walking but no more difficulty and certainly when at my worst, no less.

I work but always have and as a result of my condition am fortunate to be a home worker so that has not changed.

I am guessing that a nasty man I had a confrontation with as he was illegally parked in the disabled bay where I sometimes go to let my dogs have a run has reported me saying I was not disabled. Despite standing in front of him with stick in hand he beleived as I could walk more than a few metres I was not disabled, I told him regardless of what he thought he should not park in that bay and I was entitled to park there and he said he would have me checked out" seems the most obvious reason for an investigation to be launched? I have no other enemies, all who know me know about my condition and how it affects me. Registered as disabled worker and just last month had to have a reassesement of my work station undertaken and new chair etc as my back and neck issues have worsened.

I have not spoken to GP as yet, will do so after IUC if need be for more evidence

I am willing to pay the cost of a solicitor and not willing to accept a fraud charge, I have not intended to defraud the benefit.

I have not eaten now a meal since Saturday except a bowl of cereal and one slice of toast, I just cannot eat but will try to as it is impacting on my health. My partern works abroad and I have no contact so other than on here I have not told a soul so life is pretty hard. I am awake most of the night and if I sleep I still wake up with this on my mind, it is so damning to be under investigation or doubted.

I have worked since I left school at 16 and have no criminal record, a decent law abiding, tax paying citizen.

So with the IUC I will not admit anything as fraud, I know they will give me time to appeal to anything they decide and I am already gearing myself up for court but is is worth taking all that stress, pleading not guilty and so on; I just do not know but do know the solicitor will advise.

They will have there "damning" evidence I am sure but this is only one half of my storie, bring your cameras in and see me taking double my perscription dose of painkillers just to survive the day!

I feel so annoyed, worried sick and frankly this is killing me!

Sorry should have said claim NO other benefits, never have and am keen never to!

Worked all my life and paid my way

If they have suspended my DLA I have not yet been advised, car still parked outside as I am on the motablity scheme. I have a legal rep attending and no do not claim any other benefits. Thanks Sinking and by the way what was your outcome?

Hi RMW,

Yes have done that, all paperwork filed in chronological order and I will take with me on the day. I do not believe my circumstances have genuinely changed, it will be the interpretation of what is on my form compared to how they or the person who reported me see's me, the variation will be the issue as I can not think of anything else it can be?

It does sound as if it's a malicious call from the nasty man - how long ago was that incident? If it's not that long ago, that may be all the evidence they have.

Might be an idea to write down everything you can remember about the incident, the man and the car involved, and if you see him again, get his reg number (but don't put yourself at risk!).

Giving them a reason for someone to have made a malicious report may swing things your way quite quickly - it did for me. It was blatantly obvious who had reported me, I told them this, they had a quick root through their paperwork, and suddently became much less confrontational. I suspect that whatever they read confirmed what I had told them, though I don't suppose they always know where a report has come from.

In your case I imagine the man must have reported you by your reg number as I doubt you gave him your name and address?

There are plenty of people out there who can manage to walk around the supermarket today, just, but then won't be able to go out for several days. It's not about being able to do something once, but being able to do it with reasonable frequency. Having been seen once 'allegedly' not disabled is not sufficient evidence to say you're not entitled to HRM so if that is the only evidence they have and you can show them plenty to prove you are disabled, that should be the end of matters.

On the day of the incident with the man I took photos of his car as evidence he was abusing the parking but then deleted them, he is there whenever I go there so I can get this info. I can only guess it is him as seriously noone else would be that malicious, or rather I hope not. I think I remember saying to him I have a blue badge and if you don't beleive me you can check although my badge was not in that car as it is not my mobility car but told hiim my tax disc clearly states disabled.

After the incident on another day he approached me and said I'll make a deal with you, you can (thank you) park there and I will park behind you as I need to keep the doorway clear to get my dog in an out, like he was doing me a favour and interestingly he has never parked in the disabled bay since which I am guessing as he now needs to keep on the right side of the law!

Interestingly as I do not go there ofter as I am often unable to, he mentioned last week when passing, oh your late today so I am guessing he has reported what time of day I am usually there!

He also has history with my husband and about a 1000 other dog walkers as a long long time ago he had a row with my hubby and I am guessing this is his beef and why, If I am right, he has reported me.

I am guessing they would have undertaken surveillance of me, hopefully caught me on camera walking, in pain and discomfort, with stick as always, perhaps at home with the short walk car to house sometimes without stick but NEVER anything longer without stick! There was one time when I observed a woman sitting in her car at the dog walk and no dog so perhaps this was the FIS Officer, am I now paranoid?

I have lived here for 9 years and have never managed or attempted a walk to town, its only a mile or less but It would kill me to try.

I have medical advice to try and keep mobile, it is good for my condition but I pay the price for that and am certainly paying the price for it now!

I hope this mess is sorted but am fearing the worse.

Question - If this goes to court and I am found guility, would the conviction affect me employment? Believe it or not I am a Civil Servant working for another Govt Agency at a middle mgt level and not too sure if at this stage I need to advise my LM?

Thanks thus far, this is my only support lifeline at the moment

Hi Tagga

I hope your IUC goes well and good on you for taking a solicitor in with you. I've been to one myself so know exactly how you feel.

I think it would be best to ask your solicitor regarding the informing of your employer at this stage.

When is your interview? Please keep us updated and good luck! x

Hi Tagga

 

I hope your IUC goes well and good on you for taking a solicitor in with you. I've been to one myself so know exactly how you feel.

 

I think it would be best to ask your solicitor regarding the informing of your employer at this stage.

 

When is your interview? Please keep us updated and good luck! x[/QUOT

 

Hi

 

Thanks for the support, how bad was your IUC and how did it all pan out?

 

I have checked my work policy and it says I have to report if cautioned or convicted and so long as it does not affect the employee employer relationship it is classes as a life event unless I need a CRB which I don't. Funnily I work for the public sector same as the chap who will interview me no doubt but not DWP lol

 

Having read and read my application and evidence from point of submission I think I have some sound evidence to show I never intended to fraud, was honest in my submission and so on, this is because I was honest! I think my grey area is as a result of having a variable condition which is well documented and a good day has led to the malicious reporting I feel! I only wish I could get the tribunal notes as this would strengthen my case! I will inform them at the IUC that I am requesting these those also informed they could actually not be available, not sure if they can only use partial docs leading to my decision to now prosecute but that's for them to know

 

Appreciate your support

 

N

Hi Tagga

 

I hope your IUC goes well and good on you for taking a solicitor in with you. I've been to one myself so know exactly how you feel.

 

I think it would be best to ask your solicitor regarding the informing of your employer at this stage.

 

When is your interview? Please keep us updated and good luck! x[/QUOT

 

Hi

 

Thanks for the support, how bad was your IUC and how did it all pan out?

 

I have checked my work policy and it says I have to report if cautioned or convicted and so long as it does not affect the employee employer relationship it is classes as a life event unless I need a CRB which I don't. Funnily I work for the public sector same as the chap who will interview me no doubt but not DWP lol

 

Having read and read my application and evidence from point of submission I think I have some sound evidence to show I never intended to fraud, was honest in my submission and so on, this is because I was honest! I think my grey area is as a result of having a variable condition which is well documented and a good day has led to the malicious reporting I feel! I only wish I could get the tribunal notes as this would strengthen my case! I will inform them at the IUC that I am requesting these those also informed they could actually not be available, not sure if they can only use partial docs leading to my decision to now prosecute but that's for them to know

 

Appreciate your support

 

N

Hi Tagga

 

I hope your IUC goes well and good on you for taking a solicitor in with you. I've been to one myself so know exactly how you feel.

 

I think it would be best to ask your solicitor regarding the informing of your employer at this stage.

 

When is your interview? Please keep us updated and good luck! x[/QUOT

 

Hi

 

Thanks for the support, how bad was your IUC and how did it all pan out?

 

I have checked my work policy and it says I have to report if cautioned or convicted and so long as it does not affect the employee employer relationship it is classes as a life event unless I need a CRB which I don't. Funnily I work for the public sector same as the chap who will interview me no doubt but not DWP lol

 

Having read and read my application and evidence from point of submission I think I have some sound evidence to show I never intended to fraud, was honest in my submission and so on, this is because I was honest! I think my grey area is as a result of having a variable condition which is well documented and a good day has led to the malicious reporting I feel! I only wish I could get the tribunal notes as this would strengthen my case! I will inform them at the IUC that I am requesting these those also informed they could actually not be available, not sure if they can only use partial docs leading to my decision to now prosecute but that's for them to know

 

Appreciate your support

 

N

 

Six interview is this week

Mine was for a different benefit/situation...I got the decision 2 weeks after my interview that they believed such and such and I owed X amount. I appealed straight away, won my appeal and have not heard a thing since.

I'm not sure if DWP's caution's are in the same league as a police caution. Again, best to check with your solicitor.

Re work - if you have a good relationship with your line manager it might be worth mentioning this now, as in, I'm being interviewed regarding my benefit claim but I'm sure there has been a malicious allegation and it will all be resolved shortly. Thay way, you've proved you're not trying to hide anything should things start to go pear shaped. You never know, they might even offer support.

DWP don't use cautions any longer as a sanction, just AdPen and Prosecution. LA's still issue cautions, but these have nothing whatsoever to do with the Police, and are not connected at all. If the LA issue a caution, the details are held by the LA only.