letter from decision maker after interview under caution with dwp

[kobie]

back in november 2011 i was called into dwp for an interview under caution,there letter said it was about my employment and change in circumstances, now i suffer from multiple neurolgical symtoms and meniere,s disease, and back in may 2011 they sent out one of there own doctors who look at the muscle wasting on my legs arms and feet she said oh yes i can see it for my self and i will stress this case and you should still remain on what you are getting now (benefits)..

 

however i had to go to the interview under caution, i felt intimadate so much by these two men, they told me they were not medical people , but later on in the interview one of them said to me, he thought my illness had overwhelmed me and i thought it was worst than it was, i was so upset by this i told him he was out of order and that he could not see my pain or feel my pain,also in this interview it was not about me working as they had said in there letter but about the information i had given them on my claim form, they had the neurologist letter saying what was wrong with me also there own doctors letter backing it up and a letter from my g.p, they had watched me for awhile with camra,s

 

..now i have had a letter from desison maker saying i not entitled to d.l.a at all,also they said to me in the interview they had seen me jogging a few steps... but had NOT got it on camra but in the letter they reffer to they saw me jogging these steps . they have made me out to be some kind of benefit fraudster and im not,they have also made it sound so diffrent to how it was they have even said at the end of there letter im a unreliable wittness..

 

they also say thay have overpaid me nd they have what they call a save date going back to 2005 to try an get this overpayment back, i took my mum with me to the interview as i didnt think i would need legal help as there is noway i could have known what was in store and what i was faceing.. they made me feel a low life all this has made me sooo ill since november ive lost weight and i was only 8stne then im down to just under 7stne now,im going to cit advice with this letter as they said they had to wait for the disisson makers letter before they could do anything .

[rebel11]

Hi kob

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread has been moved to the correct forum.

 

Spaces added.

[Nystagmite]

Can you please clarify something:

is this just about DLA? If so, the employment thing confuses me - you can work and claim DLA.

[SKJP]

you can work and claim DLA.

 

Whilst this is absolutely true, it's important that any work undertaken doesn't contradict claims as to care and/or mobility needs made by the claimant. It's not about the very fact that you're employed or unemployed, it's about whether or not you could reasonably be expected to 'do' your job in light of your stated needs.

 

So, if claimant A states that they are unable to prepare a main meal for themselves, for example (as per the requirement for DLA LRC), but works as a chef, then this may indicate fraud. Again, not because they are working, but because there is clear-cut evidence to suggest that they can, in fact, prepare a meal for themselves.

 

If Claimant B states that they cannot walk x amount of metres without experiencing severe pain and discomfort, but works, say, in a call centre, then the suspicion of fraud would be less well-founded, provided other aspects of their claim weren’t contradicted.

 

It’s not about what you do for a living, it’s about what you’ve told the DWP you can’t do (or can't do without a certain level of difficulty) full stop…

[kobie]

Can you please clarify something:

is this just about DLA? If so, the employment thing confuses me - you can work and claim DLA.

HI .. re my post ...im not working at all and thats why i coundnt understand why they thought i was , in the interview one of the interviews said they had had a call from some one and that they had to follow it up, i proved to them i wasnt working and that seams fine as they havnt reffered to me doing any work in the disission makers letter, its the DLA they have taken off me,i did have a mobility car up to jan 2012 and they took that off me to, as they suspended the DLA which ment the mobility part of it was suspended also, im so confused with all this ,any way i have an appt with cit advize tomoro , i just can not understand how they can ignore all the medical back up from the doctors,even there own doctor examined me and could see the muscle waste , but in there letter they dont say she examined me they say they think she was misled ...how on earth can they say that when she was seeing for herself in her own examanation of me, she said to me oh dear your muscles have really gone in your feet arms n legs what a nightmare im going through.

[kobie]

please please could anyone give me advice,i posted on here about dission makers letter after interview under caution,which i am appealing as the letter is just full of lie,s and they stopped theDLA i was getting wich was middle rate an high rate mobility, so as i said im appealing...today i recived a letter from DWP saying they have stopped the income support back dated from 25 jan 2012, this leaves me with incapacity benefit which is 99.85 per wk . income support are taking 3.20 aweek from that to pay back from jan 2012 , now they have taken income support off me this means i will lose the housing benefit and council tax benefit, my home is a council flat which is £76 awk how can i live on £99.85 awk and pay rent and council tax and gas electric and food, i have 2 disabilitys one is multiple neorological proplems the other is servere meniere,s disease,which is a very disabilatating disease, i know the apeal for DLA is going to take 8 to 11wks to get a reply, but what can i do to get help as im worried sick, i wont able to get my medication if i have to pay for it with losing income support, and im very frightened im going to lose my home as i cant afford the rent .

[feelingsad]

Kobie, your situation is very complicated and is not that clear from your post. You said in your op that you were going to the CAB, what was their advice and opinion?

[Nystagmite]

You can claim housing benefit / council tax benefit if you're on a low income. You don't need to be claiming income based benefits to claim.

[kk3852]

I'm a bit confused as to how your income support can be overpaid back to January if they do not have any proof that you have been working, or have no other income or savings.

You say that you told them that you had not been working but do they have information from an employer, does that information tell them that wages were going into your bank account?

Why has your income support been disallowed - it should tell you this on the decision

[kobie]

Kobie, your situation is very complicated and is not that clear from your post. You said in your op that you were going to the CAB, what was their advice and opinion?

hi the cab told me to appeal against the income sopport and ive already put in an appeal to DLA, ive been told that the appeal to dla can take up to 8 or 11 wks to get a reply,im sorry if it all sounds very complicated but im confused with it all to, could you enlighten me on why if they have taken the the DLA off me how come they have left me with incapacity benefit,as it all seams to be linked up somehow,i would have thought they would have taken that off me to,who ever i phone in the dwp i seam to just get passed around, ive been in touch with my local housing benefits team about my rent and council tax thay seam to think no change will happen to those benefits as im on incapacity,i have appt with them thursday , i have to take the letter from income soport in to prove it all this is a nitemare, but i intend to fight as that disisson makers letter is lies n more lies and i can prove it , thank u soooo much for your reply as any info helps , i feel like im crossing a minefield...kobie

[kobie]

I'm a bit confused as to how your income support can be overpaid back to January if they do not have any proof that you have been working, or have no other income or savings.

You say that you told them that you had not been working but do they have information from an employer, does that information tell them that wages were going into your bank account?

Why has your income support been disallowed - it should tell you this on the decision

hi its because im gettting incapacity benefit and it says the law states i had to much comming in with the income sopport as there is premium on income soport when you get dla , so now they have taken the dla off me i lose the income sopport so im left with the incap benefit , i cant understand either why they have back dated it to jan , i also have not worked so there is no way they have anything on me at all ,