Interview Under Caution

[estellyn]

A further update on this for anyone who has followed the case so far. More post yesterday one from appeals and they are sending a doctor out to examine my son which I think is good as they will be able to see for themselves how he is affected. Another from appeals which is a copy of what they have sent to dwp asking what they are trying to prove as they have viewed the dvd they were sent. Another from solicitor which said that the appeals will probably wait now until the court case is all over. Could anyone who is going through or been through this confirm that this is what usually happens. I feel the appeal should still go ahead but if they are going to wait for the court hearings it will be a very long time before it gets to appeal.

 

Should be the other way around - the court case should wait on the the appeal outcome. An appeal won't be delayed for a court case.

[charliesgranny]

Thankyou Estellyn, I was hoping this would be the case. Maybe when he goes to magistrates they will adjourn untill the appeal has been heard.

[estellyn]

Thankyou Estellyn, I was hoping this would be the case. Maybe when he goes to magistrates they will adjourn untill the appeal has been heard.

 

You'll need a solicitor who knows what they're doing. Yours sounds a little.....confused.

[charliesgranny]

Right the doctor came out and he went through everything with my son and then examined him, he said that some of the conditions are rare (we know this) so this makes it more difficult for people to grasp how it affects him. I know there are a lot of negative reports about atos doctors but I hope this one is okay as he did seem so.

We have been to see one of the solicitors today and he has said that the appeal will go ahead but, he doubts that we will get a date for that before the magistrates court date.

He also said that if and a big if things went against us then my son would have to pay for his barrister for crown court which is in the region of £5500.

The cost of this is just mounting all the time.

I have to say though both solicitors and the doctors are confident that he will win his appeal.

[Nystagmite]

I hope this nightmare ends for you and your son.

[charliesgranny]

Thankyou Nystagmite, it really is hard to believe that we have to go through this though when all the medical files are there and his doctors are 100% behind him.

[Nystagmite]

You mentioned earlier in the thread a few times about your son getting to work - there's the Access to Work scheme to help with this, if he still needs help.

[charliesgranny]

Thanks I will look into this

[estellyn]

Right the doctor came out and he went through everything with my son and then examined him, he said that some of the conditions are rare (we know this) so this makes it more difficult for people to grasp how it affects him. I know there are a lot of negative reports about atos doctors but I hope this one is okay as he did seem so.

We have been to see one of the solicitors today and he has said that the appeal will go ahead but, he doubts that we will get a date for that before the magistrates court date.

He also said that if and a big if things went against us then my son would have to pay for his barrister for crown court which is in the region of £5500.

The cost of this is just mounting all the time.

I have to say though both solicitors and the doctors are confident that he will win his appeal.

 

You can contact the Tribunal service and request an expedited Tribunal date due to the circumstances - did your solicitor not suggest this option? It is important that the Tribunal happen before the criminal case.

[charliesgranny]

Thankyou Estellyn, I will speak to the solicitor about this.

[charliesgranny]

Can anyone tell me as he is being asessd now will it be as DLA or PIPS?

[Nystagmite]

Can anyone tell me as he is being asessd now will it be as DLA or PIPS?

 

PIP is rolled out nationwide in October. Some areas are able to claim PIP now and can't make a new claim for DLA.

[charliesgranny]

Thankyou Nystagmite

[nixie99]

I know exactly how you are feeling - I had a letter on Saturday afternoon - so had all weekend and a bank holiday to worry myself sick over it! I rang the council number (it says it's to do with housing/council tax benefit), on the letter. The person it is signed by out of the office until next week! Managed to speak to a colleague to ask for more information. I was told it is due to a change in circumstances and to do with my job. Only thing I can think of is I did 4 days work at the racecourse just before Easter. If they have said this is what it is can they 'change' the information? It seems crazy if this is what it is as I won't be doing it again anyway, as it was a casual thing - I have been so scared and upset, I have never committed any offence or done anything wrong and feel stupid and embarassed about the whole thing. Couldn't they just have phoned or written an ordinary letter to enquire about it? Crazy thing is if I could get a job that either had more hours or paid more I wouldn't need to claim any of the benefits in the first place, worked and paid taxes since I was 18 and this is how I am made to feel! This country stinks!

Seems you can't get a decent job these days (I'm on minimum wage, part time and a lone parent), prob be better off claiming out of work benefits! Can't win........

[charliesgranny]

Hi Nixie99 from the experience we have had with my son they don`t tell you in advance what they THINK you have done wrong. I fyou know you are not doing anything wrong then you have to say so (not that this has helped in our case). You will have to go to this interview and see what they have to say but, please don`t go alone take a solicitor with you and I hope it all works out for you.

[charliesgranny]

Well my son was at court today and it was ridiculous. He was at magistrates and the dwp kept saying he should not have been paid any benefit because he was working. I could hardly believe this as its just stupid as we all know dla is an in work benefit. It will not go to crown court and the magistrates have said the dwp had to have their case ready for 30th july as they have had more than long enough to prepare. To be honest I felt a lot better after today than I have the whole time this has gone on as they made themselves look fools and they were told this. Our gp is attending court with us on 30th july and we have been told it will be dealt with on that date and we will be able to put this whole thing behind us.

[abc123def]

oh that sounds really hopeful

[charliesgranny]

I think so too,they kept going on about him working and his solicitor kept saying that dla is an in work benefit and they have always known he works. They did say at one point that you cant get benefits and work only to be corrected again.

[Nystagmite]

That's ridiculous. I'm sure it says on the award letter that you have to inform them if you work; (because it's a change in circumstance) but nowhere does it say you can't work and claim DLA. I know many people who do with no problem.

[charliesgranny]

It seems to me Nystagmite that the left hand has no idea what the right hand is doing. I must say though I have felt much better in myself since yesterday as if they cant even get that right what chance do they have against a whole load of medical evidence? The whole thing is a waste of public money.

[Guest]

I think your right, they don't seem to know what theyre doing, and it doesn't just apply to that dept ...even david cammoron was caught out with his bedroom tax ****-up speech lol.......hapless hopeless lot all round.

[jabba jones]

the dwp kept saying he should not have been paid any benefit because he was working. I could hardly believe this as its just stupid as we all know dla is an in work benefit.

 

Welcome to the wonderful world of the CPS. They now prosecute DWP cases but don't seem to have a grasp of benefit rules just yet.

[Panthro]

I am a rheumatology nurse specialist and obviously understand scleroderma and its effects on patients and of course their families. I totally empathise with you and your son around DLA. I have had patients in tears frightened that they will lose their DLA - which they use to make their trips to hospital for treatment which keeps them in employment/functional members of society. It is so frustrating when expert specialist professional opinion is disregarded and some paper shifter makes a decision on a person they know nothing about. I'd like to see them trying to button a shirt when they have no finger movement/digital ulcers or indeed no fingers or can only walk at a snail's pace in extreme pain or so breathless as a result of their lung and heart involvement all secondary to their systemic sclerosis.

 

I get many letters/request for information from the DWP about a patient of mine and their condition. This takes an immense amount of time. With the introduction of PIP this is only going to get worse. Rheumatology as a whole is affected quite badly by the changes to the disability benefits due to the nature of rheumatic disease. This is beginning to add a burden to already stretched services.

 

Anyway, back to the original topic - best of luck for your son at his court date!

[sinkinghelp]

I am so glad that you seem to be getting somewhere. I am not being prosecuted by the CPS but a joint local council and DWP collaberation. 2 years mine has been dragging on and yet they had another adjournment despite the Judge telling them they had to be ready for the June hearing and its been put off again until July

 

So pleased for you as I know the stress of this completly

 

 

regards

 

sinkinghelp

[charliesgranny]

Panthro thankyou for that, so many people do not understand his condition and think it is so easy to live with. He is judged every day by a work colleague and I think personally that dwp pen pushers should read up on some of these conditions and see just how they affect people.Sinkinghelp I really feel for you after 2 years the stress has to be so bad it can only make matters worse.