Fludro, you are where I was almost exactly two years ago. I hope it won't sound crass to say the difference is that I hadn't committed fraud but the facts remained; following an IUC the DWP proceeded with criminal charges and I had to find a way to survive (which might sound dramatic to anyone who has never been through similar) the two year period from the initial IUC until just a couple of weeks ago when charges were dropped, just a few days prior to Magistrates Court, after my appeals were upheld in full at a tribunal in June. I won't bore you with the whole story, there's still a summary of what happened on here somewhere and you'll read it if you're interested. I knew that if my tribunal hearing didn't proceed before Magistrates Court (and by sheer luck it did) going to court and the prospect of being found guilty was very real indeed and I think I can confidently say I've gone through all the same emotions as yourself. Our personal 'demographics' are very similar too - I'm well into middle age, chronic poor health and, when I was fit enough to work, no career to speak of and a low wage earner. And otherwise, for me personally, not an awful lot in life to feel uplifted about. I'm starting to ramble but all I really wanted to say is don't do what I did which was to spend vast amounts of time and energy, scaring myself witless and becoming emotionally drained by scouring the internet, local news sites, forums, anything, looking for benefit fraud stories and news items. I couldn't stay away from it and not only was it absolutely fruitless (because no two cases and their outcomes are the same) it took me into the depths of depression and anxiety. I'd found myself with a solicitor with virtually no experience of welfare benefit cases because I initially thought all I needed was someone to take care of formalities for me and that was, by far, my biggest mistake and I ignored all the advice that I needed either a specialist solicitor or a welfare benefits rights worker - any kind of mental energy you do have left, use it on seeking one or the other out. Whether fraud has been committed or not, such a person will make a HUGE difference. Don't underestimate it.

I would be very grateful if someone could provide clarification on this please; I *think* I know the answer, but not certain. My appeal was upheld at a tribunal in June of this year in relation to ESA benefit which had been suspended in December 2012. Shortly after the tribunal I had a letter to this effect from the DWP and I anticipated receipt of backdated benefit approximately 8 weeks from the tribunal hearing. What I had forgotten, of course, was that they would need to reassess my eligibility from January 2013, i.e. immediately following benefit suspension, and I duly received an ESA3 form just last week which I have completed and returned (there has been no change of circumstances since benefit was suspended). Am I correct in thinking that reinstatement of benefit (and thus receipt of backdated benefit) will be subject to the DWP's usual processing time scales or is too much to hope that such cases are somehow "fast tracked"? Many thanks.

(Just posted this on the wrong thread; duplicating it here) Received this morning the decision notices from the Tribunal and a letter from the DWP. Both of my appeals (‘living together’ and the subsequent large overpayment of ESA benefit) were allowed. The letter from the DWP relates the same, stating ‘no overpayment of benefit’. I should be delighted but don’t seem capable of feeling anything other than, perhaps, a rising sense of anger. Like most people, I’ve had some turbulent times in life but can safely say that the last two years since the initial interview under caution have been the worst, leaving me in a limbo of depression and constant anxiety. All I seem to be able to focus on are my mistakes and the biggest one, by far, was not realising early on how crucial it was to find legal help specialising in welfare benefit cases. You panic, proceedings looming, unable to find specialist help because it either doesn’t exist within reasonable traveling distance (remembering you’re unwell and often penniless which is why you’d made a claim to benefit in the first place) or they’re already snowed under and unable to take your case. Knowing I’d done nothing wrong, I settled for a local solicitor with very little expertise in the field because surely all I needed was someone to help me set things out, dot the i’s and cross the t’s, right? Wrong. Very wrong. Terrified of changing solicitors part way through, I constantly found myself struggling to lead him through the complexities only to be ‘kindly’ but constantly told to make an early guilty plea and that my case was weak. To be fair to the solicitor, legal aid does not cover the tribunal/appeal process and, even had he possessed knowledge and understanding, he still wouldn’t have been able to assist me pick my way through the appeals process. With no-one to represent me, I was on my own through several (adjourned) appeals and I’m just very thankful that, ultimately, the tribunal hearing took place prior to criminal proceedings in magistrates court; my solicitor tells me I was “very lucky” that the prosecutor sought and obtained a last minute adjournment so that the tribunal went ahead first. I firmly believe that the prosecutor knew their case was weak and that the tribunal was likely to find in my favour. For anyone going through similar all I can say is, if you know you have done no wrong, never take the optimistic view that you’ll be believed by the DWP and move heaven and earth to find yourself representation who understands welfare benefit law inside out.

Received this morning the decision notices from the Tribunal and a letter from the DWP. Both of my appeals (‘living together’ and the subsequent large overpayment of ESA benefit) were allowed. The letter from the DWP relates the same, stating ‘no overpayment of benefit’. I should be delighted but don’t seem capable of feeling anything other than, perhaps, a rising sense of anger. Like most people, I’ve had some turbulent times in life but can safely say that the last two years since the initial interview under caution have been the worst, leaving me in a limbo of depression and constant anxiety. All I seem to be able to focus on are my mistakes and the biggest one, by far, was not realising early on how crucial it was to find legal help specialising in welfare benefit cases. You panic, proceedings looming, unable to find specialist help because it either doesn’t exist within reasonable traveling distance (remembering you’re unwell and often penniless which is why you’d made a claim to benefit in the first place) or they’re already snowed under and unable to take your case. Knowing I’d done nothing wrong, I settled for a local solicitor with very little expertise in the field because surely all I needed was someone to help me set things out, dot the i’s and cross the t’s, right? Wrong. Very wrong. Terrified of changing solicitors part way through, I constantly found myself struggling to lead him through the complexities only to be ‘kindly’ but constantly told to make an early guilty plea and that my case was weak. To be fair to the solicitor, legal aid does not cover the tribunal/appeal process and, even had he possessed knowledge and understanding, he still wouldn’t have been able to assist me pick my way through the appeals process. With no-one to represent me, I was on my own through several (adjourned) appeals and I’m just very thankful that, ultimately, the tribunal hearing took place prior to criminal proceedings in magistrates court; my solicitor tells me I was “very lucky” that the prosecutor sought and obtained a last minute adjournment so that the tribunal went ahead first. I firmly believe that the prosecutor knew their case was weak and that the tribunal was likely to find in my favour. For anyone going through similar all I can say is, if you know you have done no wrong, never take the optimistic view that you’ll be believed by the DWP and move heaven and earth to find yourself representation who understands welfare benefit law inside out.

Thank you both for the replies. Bit frustrated with it at the moment - the tribunal judge said I would receive his decision, in writing, within 3 days of the hearing though his clerk stopped me on my way out and said it would be closer to a week; that was almost two weeks ago and I still have nothing. Having twice rung the tribunal service I was told that a decision was made on the day and I should have had the decision notices by now and said yesterday they would send further copies. It was mentioned that they informed the DWP electronically on the day of the hearing and it was actually the DWP who told me yesterday, when I rang them, that both my appeals were allowed. But I won't be happy until I have the actual decision notices. I am aware that the DWP can challenge the tribunal's decision within one month but there's little point me worrying about that at the moment. It was a 'living together' decision by the DWP and a subsequent fraud charge in relation to ESA benefit which apparently formed two separate appeals, one being the 'living together' decision and the other a subsequent overpayment of benefit.

I wonder if anyone can help with a brief question please? I was due to appear in Magistrates Court next month on a benefit fraud charge. However, my appeals (both heard together in relation to a 'living together' decision and subsequent overpayment of ESA benefit) were heard almost two weeks ago by the tribunal and both have been allowed. Can anyone please tell me what happens now with the court case and/or is there anything I should be 'doing' ? I know it seems an inane question but after after nearly two years of this being ongoing I've not had the mental or emotional capacity to consider "what happens next?" if my appeals were successful. Many thanks.

Thought I'd come back and update this for the benefit of anyone reading who is in a similar situation. I can't believe it's almost a year since last posting here and two years since my initial interview under caution; if I've learned one thing, it's however long you imagine the process might be, you can comfortably double or treble it. The initial trial date of September 2013 was put back to April 2014 due to a court backlog. My tribunal appeal was running alongside this and that, too, became fraught with problems; postponements and not being able to find any kind of representation. My hopes had always been that the tribunal would take place before the trial but, again, due to a backlog in the tribunal service the anticipated date was still months away. Fortunately, or so I thought, I received a (tribunal) hearing date to take place prior to the court date. The DWP then requested, at the last moment, a postponement due to staff shortages (they had no presenting officer available) which was agreed by the tribunal judge and the rearranged date again fell after the trial date in April. I requested that the tribunal did not postpone, but was unsuccessful. I attended Magistrates court in April and my case was adjourned before even starting. Ridiculous as it might seem, I was never actually clear on why the adjournment happened; I was a bit of a mess, the brief proceedings went over my head and my solicitor disappeared within moments of walking out of the court room. A trial date was set for June. In the meantime, I had notification from the tribunal service of a hearing date in May. Close up to that date the DWP again requested postponement for the same reason but this was denied by the judge. The hearing went ahead and after 2.5 hours the judge adjourned due to the complex nature of my appeal and the fact that although the DWP had sent a presenting officer, the local authority hadn't. I asked the judge if the appeal could now be expedited, explaining re the trial date and why I felt it so important that the tribunal hearing took place prior to my trial. He agreed, commenting that he rarely expedited an appeal but felt, in this case, it was vital that the hearing took place prior to magistrates. I had the impression he was also pretty fed up with the DWP and LA. He requested certain, further, pieces of evidence from myself be sent to the tribunal asap and directed that PO's from both the DWP and LA must attend the next hearing. I had confirmation from the tribunal service of an expedited hearing, date to be confirmed but to take place prior to the trial date.... and just when you start to think things couldn't possibly become more complex and stressful, a week later another letter stating that although the judge had requested an expedited hearing, no dates were available prior to the date of my trial. I attended Magistrates court in June and prior to going into the courtroom was astounded to be told by my barrister that the prosecutor was going to request an adjournment. In the courtroom, the prosecutor told the Magistrates that he had no prior knowledge of an appeal having been in place until he'd been informed (by whom, I don't know) that a tribunal judge had agreed an expedited appeal, that he felt this a fairly unusual step for a tribunal judge to take and in light of that he was requesting an adjournment. He also commented that he'd spoken to the DWP about this who said "What appeal? There's an appeal?". Magistrates not happy, directed that the DWP pay court costs for wasting the court's time. Yet another date set for trial in late August. Fortunately, I’d had notification from the tribunal service of a hearing date for June – yesterday actually. A LA presenting officer turned up but the hearing was delayed due to the no-show of the DWP’s PO. When we did actually start, 30 minutes into proceedings the judge was given a note by the clerk ; the DWP had just rung to say that the previous PO had left their employment, they didn’t have another PO working on a Thursday and could they please have another postponement? I don’t think I need say what his answer was. The hearing again took approximately 2.5 hours with the judge having to bring the LA’s PO up to speed on the previous hearing. Judge said he would make a decision that day and that I would hear, in writing, within 3 days. Sorry this is so lengthy. It’s part self indulgence as it’s a been an incredibly long, stressful experience and I’ve few people I’d want to burden with it – but also, for anyone going through the appeals process I think it’s helpful to realise as early on as possible that nothing happens quickly and there’s little you can do to speed things up, have some kind of resolution either way, and just get on with life. I’ll update again in a few days re the appeal.

Delay tactics? I think so, though it is easy in this situation to become paranoid. Regardless, there is a lot of expert opinion in the field of welfare benefits rights workers and case law to suggest that in most circumstances an appeal should be heard by a tribunal prior to a court hearing. Can but try but running out of time somewhat.

I'm sorry to read that. Obviously you won't want to go into detail here but I sincerely hope that whatever is holding you back changes soon for the better. My IUC was July 2012. Within recent months I received notice that a court date was set for late December. Given that the DWP lost my appeal papers (and then continued for some time to deny they'd ever received them) from early January of this year, an actual date for an appeal hearing was delayed. I asked for an expedited hearing, didn't get one, finally had notice from the tribunal service that my appeal was to be heard three days before the court date. That was a huge relief... until I had a letter on Saturday from the tribunal service saying that my appeal had been deferred at the request of the DWP because they didn't have a presenting officer to attend on that day. Bitterly disappointed. I've just written to the TS to ask that the original date be restored, giving my reasons as to why. I've also written to my solicitor asking that we give serious consideration to asking the court for an adjournment. I strongly feel that there is sufficient case law to support doing so. It just drags on and on.. and on.

LifeisaMess, I'm sure you must have posted on here previously about winning your appeal - no idea how, but I obviously missed it. So very pleased and relieved for you. Hopefully, mine (and the related court case which looks like definitely going ahead due to long delays in the tribunal system) will be behind me sooner rather than later. I know what a big, black could you've been living under...so glad for you.

Thank you both. I'm not coping very well with this. So frustrated with myself but having spent months and months thinking about nothing else and dealing with all it brings, I seem to have run out of mental energy just when I need it. I contacted my solicitor the day after receiving the court papers - he wasn't there, no call back. Just called again, not in the office again, I've requested an urgent call back. Having looked at the court papers again the case is scheduled for 9th September. It feels incredibly unfair and actually quite orchestrated by the DWP. I appealed their 'living together' decision in early January, had an acknowledgement letter, chased them up when I'd heard nothing for a while only to be told they'd never received my appeal - so basically they'd lost it. I re-submitted my appeal - they lost that too. I then contacted the relevant government minister who passed my letter of complaint to someone in the DWP's Operational Excellence Department. She was most helpful and emailed/faxed a copy of my appeal to the relevant office herself with the promise that they would "deal with it as a matter of urgency". Needless to say - they didn't. I received a letter from the DWP acknowledging my appeal just a few weeks ago - almost 8 months after its submission. Within 10 days of them acknowledging my appeal, a court requisition arrives with a hearing date of 9th September; a little over 4 weeks away... and absolutely no chance, I would imagine, of now managing to get a tribunal date before court. Don't know what to do; ask for an adjournment based on the above facts? I just have to hope that (a) I can get to meet my barrister asap and (b) he knows what he's doing. Lifeismess - sorry, I meant to say ages ago, we've been talking at cross purposes. It just happens to be a DWP fraud investigation office in Glasgow who have been dealing with my case; I actually live in the south east.

My apologies, cat on keyboard and post 'sent' accidentally. To finish - is there any way I can request that my tribunal goes ahead before the court date. I cannot see this happening as the court date is only circa 6 weeks away and I am told that the tribunal service has a heavy backlog of cases. Many thanks.

Things finally seem to be moving. A month ago I heard from the Tribunal service regarding my appeal; no date has yet been set. This morning I receive a large bundle of papers from the court - the DWP are trying for prosecution and a court date has been set for mid September. I know I have read information somewhere with regard to my question but cannot now find it so may I please ask - should be tribunal hearing go ahead prior to the court hearing? I'm sure I have read that this has been (and still is) a very contentious issue and is something that welfare rights workers/solicitors often struggle with, i.e. trying to get the case to tribunal before a court date. I am yet to speak with my solicitor regarding this (having only just received court papers this morning) but can anyone please advise if there is any way I can re my tribunal goes ahead before the court date?

Hello, thanks for your reply. Brain's a mush... without saying too much, you "know I am near you" ? Sorry, utter paranoia creeping in I think. Really appreciate the info on Advice Works - however, I've Googled them + my general location and drew a blank? Are you able to give any more details please? My mental health, without wanting to go into detail, is poor in the extreme. The counsellor I was seeing felt that my current (well, it's just stopped) 'treatment' with him was inadequate; he drew a halt as a result and has referred me back, urgently, to the local mental health team and I have an appointment shortly. I do have a copy of a letter he sent to my GP in this regard but, quite honestly, I'm not sure what benefit it is to me in this whole mess.

LifeIaAMess, sorry, I did see your message a while back but I've been trying to take a step back from thinking about this constantly, but thank you for asking. I'm still functioning on auto-pilot and, I suppose, not doing that great. It's taking its toll. I hope you're doing a bit better. I've finally received (yesterday) a bundle a evidence papers as it seems it's finally been referred to tribunal. I've yet to receive anything from the tribunal service itself. I'm wondering if anyone can please help with some advice on how I should format my appeal? I'm a bit overwhelmed by the huge pile papers I've received and don't really know where to start. To sort of recap - I have a solicitor but his help doesn't 'kick in' unless/until court/prosecution papers(?) are issued. CAB were not helpful and despite extensive research I can find no welfare rights help in my general location. So I'm on my own as far as the appeal goes. All of the 'evidence' is completely what I expected and none of it I actually dispute, as per what I told the investigator at my IUC - that my friend lives here, why he started to live here, why he continues to live here, etc. I think once I get started, it'll maybe fall into place but I'm very unsure on how to 'present' my appeal? There is one thing, however, that has completely confused me. I had thought (since more recently trying to understand ESA) that I was I was initially receiving contribution based benefit and, indeed, I see from the transcript of my IUC that the investigator actually says "I have here that for the first year of your claim that it was contribution based and then became both contribution based and income related... I'm still trying to find out". I'm very, very confused here - they appear to be claiming that, as a result of "living with a partner in full time work" (to paraphrase) that my claim was "fraudulent"(?) from the start and should never have been paid. In my initial claim (by telephone) I did not declare I had a friend living here as I was only asked if I had a partner - though it seems I did tell them that I had a friend's name on the mortgage. Most certainly, I have never completed an ESA3 form which they say I did (I think this is for change of circs or to declare others forms of income??); this form the investigator could not find at the time of my IUC and it is not contained or referred to at all in the evidence bundle. I cannot understand why, if my claim was initially c-based why they are saying I should never have received ESA in the first place - I thought c-based ESA was not means tested? I had nothing from them throughout the 3 year course of my claim to say that my ESA was changing and there is nothing in their evidence about this either? But regardless, I'd be ever so grateful if someone could kick me off in the right direction with how to set out my appeal.