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Merton

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  1. You may speak on your own behalf but you have no authority to speak on behalf of the forum as to who is "well thought of", (unless you've conducted a poll of all the members, perhaps?). There was nothing rude in my comment and I only mentioned the point because misssparkle was obviously alarmed by Nystagmite's ambiguous comment and I've seen other posts of his that were equally unintelligible because he neglected to state what and whom he was replying to. As for being "new" - what has that to do with anything? Well done, Nystagmite! I have no idea what you're trying to say, but at least you seem to have mastered the use of quotations which is certainly a step in the right direction.
  2. To whom? Your wife? Your cat, perhaps? You certainly "stated" no such thing in your initial reply. What you wrote, apropos of nothing, was: What can't anyone really say? What "factors" does it depend on? And if you have nothing more to say than that you don't know the answer to the OP's question and you don't think anyone else does either, then why bother posting at all? It's not exactly a helpful reply. Clear sentencing guidelines exist and it's perfectly possible to make an educated guess concerning the statistical probability of a custodial sentence. That, of course, is up to you. But many people come to this board desperate if not actually distraught and the least they deserve is a clear answer to a specific question, rather than a cryptic, ambiguous remark that only adds to their confusion and distress.
  3. It would be nice if you learned how to use the quotation function when replying to posts. This isn't the first post of yours I've seen that makes no sense at all because it has no context. And now you've alarmed poor misssparkle for nothing.
  4. I'm so glad to hear it. I know from my misspent youth what it's like to lose sleep over an impending court appearance. But there were no Internet forums then and I had to sweat it out. It's very unlikely that your neighbours would know - especially if you live in a large town or city. You might even be put to work inside. But you may just get a fine. Really, don't worry!
  5. Then you have absolutely nothing to worry about. Quite a few of the people convicted of rioting last summer had as many as 20 convictions without ever having been sent to prison. It's a punishment of last resort and not for people with clean records who've made one foolish mistake. Anyway, the prisons are bursting at the seams. There's no reason they would want to "make an example" of you as your offence is really not so terrible (especially given many of the crimes they usually have to deal with). You haven't abused a privilieged position (unlike fiddling MPs) and you'll presumably show your sincere remorse in court. As you're pleading guilty, I think the magistrates should be able to deal with it on the day. They only refer cases to Crown Court when they feel that their sentencing powers are inadequate to deal with the offence. Really, I wouldn't worry at all. This is a big deal to you but small beer to them. Anyway, you should get a solicitor (to enter a plea of mitigation) or at least compose one yourself to deliver before sentencing.
  6. Extremely unlikely. You came clean, you're pleading guilty and the offence was commited over a relatively short period of time. I should think that a fine and perhaps a little community service is the worst you can expect (provided that this is a first offence for fraud).
  7. Many people are experiencing problems and long delays when it comes to getting a copy of their WCA report. The important thing is to get a GL24 form from your local jobcentre and lodge an appeal within one month of being notified of the WRAG decision, stating that you will send additional evidence after you've received your medical report. There's a small risk that appealing may cause you to lose even your WRAG status, but I think it most unlikely in your case.
  8. I wouldn't worry too much if I were you. My advice is to come clean and tell the DWP everything, explaining that you didn't think it necessary to do so before as you'd received no income from the company but that advice received online has made you doubt whether this was correct. It may be that merely being the director of a limited company disqualifies you from receiving ESA - regardless of whther it provided an income. If so, you'll have to repay any ESA that you weren't entitled to. I doubt whether the DWP will prosecute for an honest mistake and even if they do, the penalty won't be serious as you weren't claiming for long and received no income from the company while you were claiming.
  9. Unfortunately not, because the WCA is just that - a work capability assessment - and not really a "medical" at all. ATOS are not concerned with your diagnosis, but only with what you can and can't do. To appeal against the decision (within one month) you need to Google the support group descriptors and see which, if any, apply to your condition, as that's all that matters to ATOS. Sorry, it's a very harsh system.
  10. Try to put the thought out of your mind because worrying about it won't make any difference at all to the outcome and there's always the appeal process if needed. I'm not sure if any rate of DLA is paid pending an appeal but someone will know. Above all, get some help with this as it's far too stressful to handle on your own. Google: ******* (your town/city) "welfare rights" or contact your local CAB to get assistance from someone who understands the process of DLA claims. Good luck!
  11. You would think so, but in practise it's not unknown for the DWP to use information from an ESA50 form or WCA to deny a claim for DLA.
  12. Hi, gazmix, Firstly, don't panic, you'll still get housing benefit on ESA - or even on JSA if the DWP decide after a medical that you're not entitled to ESA. You need to do some research. Everyone on Income Support and IB is being "migrated" to ESA so there are dozens of threads about the process and what it entails. Just put: ESA into the search box and browse through a few threads. And read the "sticky" threads at the top of the page. It's a bit quiet here on Saturdays, but soon there will be plenty of knowledgeable people to help you get through this, so don't worry.
  13. Does your husband take medication for his pain? Perhaps the side-effects of drowsiness, confusion, etc., make it difficult for him to learn simple tasks and relate socially? They can also cause poor awareness of hazards, poor concentration and many other problems. This is all very trying for people who already have more than enough to endure. I wish you the very best of luck.
  14. If you've been honest in declaring all your circumstances you have nothing at all to worry about. Many people make malicious and unfounded allegations and your interviewer will be well aware of that (although he/she still has to investigate the matter). However, the fact that the interview is being held "under caution" usually suggests (rightly or wrongly) that they think they have some concrete evidence against you. If you can afford to engage a solicitor who understands benefit law, he/she can discover exactly what the evidence against you is before you go to the interview. Don't go the CAB on Monday. It's a bank holiday.
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