DLA Fraud - please help

[peanutman]

Hi All new poster here.

I have been interviewed under caution for DLA fruad. I was given higher rate care and lower rate mobility 3 years ago and being Bipolar T2 and having issues with Colitis disease too I had major depression, was not able to work for periods and needed help from others in day to day life. I also attempted suicide twice.

Anyway, I did work when I was well enough to but suffered from anxiety and being in new places etc and was in a state generally. I got the DLA anyway.

2 months ago I was invited to an interview about this and they found I had been doing some work which they felt contradicted what I had said in my application, i.e. I had panic attacks, needed the toilet regulary and had issues with anxiety with large groups . I explained this was only done when I was well enough and accounted for a max of 8-10 indivual one off jobs a year,

Anyway I have now had a letter saying they dont think I am entitled to the DLA from a few months after my DLA started 3 years ago. They have said they will write to me seperately about this.

They are saying I should have informed them if things had improved, I did say in the interview that some areas were a bit better but I still suiffered with alot of other areas now and just tried to work through them as best I could

 

So a few questions, obviously I am worried

 

1. I will appeal obviously but if I dont win I will have to repay circa 13k, I am on a Debt plan due to financial issues on the back of a divorce and I cant afford much to repay this, can I pay over time if this is the decision, i..e monthly, will they ask for all of it back at once?

2. What sort of penalty will I get for this, i.e. will I have to go to court, get a criminal record etc?

 

They seem to suggest in the letter that the evidence suggests I should not have had DLA at all which I refute and think the evidence has been twisted to make this appear so, however I am worried that an criminal investigator will see this as black and white and charge me..

 

I have never had anything like this before and never been in trouble before, so its all new to me..

 

Any advice or help on this would be great.

thanks

Worried

[charliesgranny]

Hi there, if you read the thread that I started regarding my sons DLA it will give you a little info on how things go. I do hope things work out for you. Jacqui

[estellyn]

Hi All new poster here.

I have been interviewed under caution for DLA fruad. I was given higher rate care and lower rate mobility 3 years ago and being Bipolar T2 and having issues with Colitis disease too I had major depression, was not able to work for periods and needed help from others in day to day life. I also attempted suicide twice.

Anyway, I did work when I was well enough to but suffered from anxiety and being in new places etc and was in a state generally. I got the DLA anyway.

2 months ago I was invited to an interview about this and they found I had been doing some work which they felt contradicted what I had said in my application, i.e. I had panic attacks, needed the toilet regulary and had issues with anxiety with large groups . I explained this was only done when I was well enough and accounted for a max of 8-10 indivual one off jobs a year,

Anyway I have now had a letter saying they dont think I am entitled to the DLA from a few months after my DLA started 3 years ago. They have said they will write to me seperately about this.

They are saying I should have informed them if things had improved, I did say in the interview that some areas were a bit better but I still suiffered with alot of other areas now and just tried to work through them as best I could

 

So a few questions, obviously I am worried

 

1. I will appeal obviously but if I dont win I will have to repay circa 13k, I am on a Debt plan due to financial issues on the back of a divorce and I cant afford much to repay this, can I pay over time if this is the decision, i..e monthly, will they ask for all of it back at once?

2. What sort of penalty will I get for this, i.e. will I have to go to court, get a criminal record etc?

 

They seem to suggest in the letter that the evidence suggests I should not have had DLA at all which I refute and think the evidence has been twisted to make this appear so, however I am worried that an criminal investigator will see this as black and white and charge me..

 

I have never had anything like this before and never been in trouble before, so its all new to me..

 

Any advice or help on this would be great.

thanks

Worried

 

My best advice would be to get help for your appeal from CAB or a Welfare Rights, as a lot may depend on the outcome of the appeal. I've won cases like this at appeal but it does depend on the individual case - what was written on the original claim form, duration and type of work, and medical evidence that can be compiled. Winning the appeal means no criminal case as well as no overpayment, so you can see why experienced representation is very important for this.

[jabba jones]

2 months ago I was invited to an interview about this and they found I had been doing some work which they felt contradicted what I had said in my application, i.e. I had panic attacks, needed the toilet regulary and had issues with anxiety with large groups . I explained this was only done when I was well enough and accounted for a max of 8-10 indivual one off jobs a year.

 

Does the work you've done contradict your DLA forms?

 

How long were the "8-10 individual one off jobs a year" for? Days? Weeks? Months?

 

You haven't said what type of work it was, but could you just get up one morning & say I'm feeling ok(ish) today, I'm going to do some work or did you have to plan ahead & prepare?

[tomtom256]

Its not what you want to hear but if the overpayment is circa £13k as you state then the chances are they may take court action.

 

Anything over £2k is generally prosecuted unless there is mitigating circumstances, obviously if you win any appeal then any criminal case should be dropped.

[abc123def]

Depends, mental health issues if evidenced will often protect the person from court action. Someone I know was not prosecuted or taken to court and has agreed to pay back the £34,000 as can be afforded which is very little and will take a lifetime. She has bipolar and psychosis.

[peanutman]

Hi all thanks for the replies.

 

The few jobs I did were of 1hr a peice when I was feeling I could do these. I said on the form that I struggled in situations with lots of people and these were 1:1 situations but I still found them hard even when I was feeling ok. The issues I had and that were on my forms were intermittent.

 

I spoke to a solicitor today and they have told me to write back to the DWP and appeal aainst the points I feel are not right so I will do this.

 

I was in a real state when I applied for DLA with mental health and other health issues so I hope they take this into account.

 

Its all very stresful.

[peanutman]

I forgot to say I have never been in trouble before and am gutted to be in this position, if it does go to court is it likely I will go to prison?