dla interview under caution

[chansnan]

hi i have just received a letter telling me i need to be interviewed under caution i receive middle rate care and high rate mobility i suffer from rumatoid athritus . iwork in a small cafe i have done for 6 years but the hours i work have changed over the years due to my condition i was working 2 days a week my boss was very good by puting things in place for me eg opening cans jars pealing potatoes basically thing i was unable to do i took holiday for days i was unable to go in and come home if i could not finish a shift once i got home that was me finished for the day as once i sit after walking or working i can not walk i have very little use in one hand and it is a struggle to get through a day at work i left my job 3 weeks ago due to it getting to much then received this letter today i dont know if ive done wrong and im in a terrable state can anybody give me any advice as to if i have done wrong these are the only benifits i have ever claimed i have always worked . thankyou

[freakyleaky]

Hi and welcome to the CAG.

I am sure the regulars will be able to help you before to long.

 

Can you tell us if you declared any work at all?

[chansnan]

no i dident declare as i dident think i had to as it doesent ask the question should i have oh i hope not

[freakyleaky]

You're saying when you claimed your benefits they didn't ask you to declare any paid work you did?

[kk3852]

It very depends on the answers to the questions on the claim form - can you remember what you said?

 

For example - to get the lowest rate care it is usually because people cannot cook a main meal for themselves or because they need to be accompanied out of the house (because of a mental incapacity) - yet you have been working in a cafe.

Highest rate mobility is because a person is unable to (or virtually unable) to walk. I assume that you have been standing behind the counter for a period of time and waiting and cleaning tables.

 

You dont have to declare work to DLA but it is possible that you are doing work which contradicts the statements that you made in your claim.

[chansnan]

no it was for disability living allowance and the care they say you can still work when claiming these

[freakyleaky]

I'm sorry I am not familiar with claiming anything. I meant DLA not benefits.

As kk says above if you have worked in contravention to the statements you made in order to claim DLA then you may be asked to explain why.

I understand your boss has done a lot for you while you've been at work and as long as he can verify this then maybe they will accept your explanation.

 

I hope more experienced people can give you some better help and advice.

[chansnan]

as my condition changes its very difficult to fill in these forms its things like when i get up in the morning it takes about an hour to get mobile then i can walk around but still in discomfort i struggled to get through a day at work then when i got home im unable to do anything so i filled the forms in on my worst days but i suffer every day just at different levels i cannot open cans or jars or peel potatoes or lift heavy saucepans and this is what i put on the forms

[Nystagmite]

no it was for disability living allowance and the care they say you can still work when claiming these

 

This is correct. However, your job must not contradict what your care and /or mobility needs are. I think this is what freakleaky was getting at.

[chansnan]

when i filled in the forms i really dident mean to defraud anyone i just filled it in on the worst parts of my day as people have said todo as its very hard to exsplain to anybody the effects it has on everyday life an attack can come on in minutes in anypart of the body does anyone have any advice regarding the interview im worried sick i have 12 days to wait to see what happens i dont know know how im going to cope

[Nystagmite]

The forms are meant to be done on an average day; not worst day. However, you can say what you're like on bad days; just don't base the form on that.

[Guest amianne]

The forms are meant to be done on an average day; not worst day. However, you can say what you're like on bad days; just don't base the form on that.

 

Wasn't there a high profile prosecution in the last 12 months or so about this very same scenario?

 

Filling in the form on the basis that the worst day is every day.

 

Didn't they try to blame someone because that was the advice given?

 

I always thought that you had to describe a good day and a bad day and explain how many good days there were and how many bad ones.

[Nystagmite]

That sounds familiar.

 

That was what I was always told - there is nothing to stop you saying "I have x amount of bad days. On my bad days...", etc.

[chansnan]

am i alowed some one to attend the interview with me as my x boss has said she will come with me and exsplain how much i struggled to get through a shift ect

[dpick]

I would say that you can have someone with you and if you can record the interview yourself.

 

dpick

[Guest amianne]

I would say that you can have someone with you and if you can record the interview yourself.

 

dpick

 

The person with you will not be allowed to enter into a 'conversation' with the fraud investigator. The investigator will be there to put questions to you and for you to answer them.

 

Generally people employ a solicitor to come with them only to ensure that the correct process is employed.

 

http://www.rightsnet.org.uk/forums/viewthread/2856/

 

http://www.ukfibromyalgia.com/forums/viewtopic.php?f=11&t=12521

Edited June 25, 2012 by amianne