I think CRU took too much from our compensation

[morganpink08]

hi

 

My husband had an accident in dec 2009. The medical expert say my husband would of became disabled after 1 year regardless of his accident so my husbands accident claim was just for one year which was december 2009 until december 2010.

 

He has been given loss of earnings for that period only plus the other compansation parts from expenses, mobility etc covered one year only.

 

We were happy with that and the DWP only wanted the benefits paid to him in that year period which was dla from sep 10 - dec 10, and Industrial injuries from july 2010-dec 2010. They didnt want any esa back as that wasnt claimed until Feb 2011.

 

However just before the claim was settled while we were exchanging offers a week before court the CRU came back and said they wanted the IIDB back from July 10 until October 2013. I argued this with the solicitor but was told it would be paid regardless and we would have to try and claim it back ourselves from the DWP as court date was looming.

 

I thought that would be ok so once everything was settled i sent a letter explaining that as my husband was entitled to full ESA for the dates and the IIDB was taken out that i found it unfair that the IIDB could be taken back but rather it should of been offset by the ESA we would then be underpaid.

 

I also explained that my husband had not been compensated for 2011, 2012 and 2013 so we shouldnt of had to pay benefits back from this time. I dont seem to be getting anywhere.

 

Am i right in the way i am thinking?

thanks

Edited January 30, 2014 by honeybee13
Paras.

[honeybee13]

Hello there.

 

Is CRU the government's Compensation Recovery Unit please?

 

I'll put some paragraphs into your post to make it easier for the advisers to read, that way you'll get more advice.

 

HB

[morganpink08]

Hi

 

Thanks for the paragraphs.

 

Yes the CRU is the Governments comensation recovery unit.

 

many thanks

[morganpink08]

Can anyone help?

 

Many thanks

[estellyn]

If you think they took too much, and it sounds as if they might, then appeal the DWP decision. Basically what they doing is attributing parts of the compensation as income to periods in which benefit was claimed, which they are entitled to do, but as you expect, only in respect of periods covered by the compensation. Assuming of course you are within the absolute appeal time limit - when was the dWP decision?

[morganpink08]

If you think they took too much, and it sounds as if they might, then appeal the DWP decision. Basically what they doing is attributing parts of the compensation as income to periods in which benefit was claimed, which they are entitled to do, but as you expect, only in respect of periods covered by the compensation. Assuming of course you are within the absolute appeal time limit - when was the dWP decision?

 

The compensation settlement was in November 2013. As soon as we received the cheque the next day I wrote to the local DWP and also the CRU saying that the sum they claimed back was wrong. They never replied so I sent another letter. They then replied asking what over compensation was made up of and how much. We sent details and then they wrote to us again but didnt refer to this letter just past letter. I have once again wrote to them but again no reply. I have in last letter asked for tribunal if they disagree.

 

Many thanks

[morganpink08]

Had a letter today from the compensation recovery unit which was basically just saying what they do and how benefits are reclaimed. There was no mention of my letter nor the request for tribunal. Looked like it was just a letter they send to everyone with a query.

 

Now what should be my next step? Is there anywhere i can go for legal help as i feel like im banging my head against a brick wall with them.

 

Many thanks

[morganpink08]

Today i have had yet another letter from the CRU team. This time telling me i cant be compensated twice. Ive told them numerous times im not trying to be as i was not compensated for the period the have taken the benefits back from.

 

They also sent me 16 sides of A4 which basically was a tribunal case that went ahead and the decision for someone in 2003. After reading it, it clearly stated that im a situation like mine i would win at tribunal.

 

There was no mention of them reconsidering my CRU certificate or my wish to go to tribunal.

 

I have sent them a 6 page A4 letter again today stating once again why i am asking them to reconsider there amounts claimed back. I have also pointed out the sections of the Act of 1997 and those of the tribunal case they sent me which fall into my claim with them.

 

I have also spoke to a welfare advisor and explained the situation and he agrees its a complex case but he will do his best to help me as he says i am right in that i shouldn't have to pay back a benefit that falls into a time that compensation hasn't been awarded for.

 

I am starting to think that the solicitor is at fault. I did tell the solicitor straight away that the compensation recovery certificate was wrong before i settled claim. She advised me that was not her field but she would ask barrister. Barrister also claimed he knew nothing about the compensation recovery and i was advised i had to deal with the DWP myself after the claim was settled. Now im thinking they said this to make me agree to the claim. I have all the solicitors correspondence in email form to show i did query amounts from the start.

 

Hopefully on monday i may get further.

 

many thanks

[estellyn]

It sounds as if you are in the right and that you have a competent welfare rights adviser to fight your corner. It's not really that complicated a case - the CRU have recovered for a period you weren't actually compensated for. So the path to follow is to take it to Tribunal - if they say they can't decide the case because it was all agreed with the solicitors, then you claim from the solicitors as you were misadvised and can easily prove it. Unfortunately it will be a long process.

[morganpink08]

Thanks for that you have made me feel much better. I will let you know how i get on when i speak to the welfare advisor.

 

many thanks

[morganpink08]

Just a little update. Im still waiting to hear from the CRU after i put in a mandatory reconsideration 3 months ago. Ive spoken to them and they said they still need to do a bit of paper work on it. I am thinking im going to have to appeal. Does anyone know how long from appeal until tribunal it would take? Its already been going on since october 2013 so im hoping the end is in sight.

[estellyn]

Unfortunately there are huge delays with appeals at the moment, some people have waited 8 months for an appeal. Hopefully as your appeal would just include a judge, it might be quicker.

[morganpink08]

Unfortunately there are huge delays with appeals at the moment, some people have waited 8 months for an appeal. Hopefully as your appeal would just include a judge, it might be quicker.

 

Thanks i hope it doesnt go to appeal but im sure it will.

[morganpink08]

Well after calling the CRU today as i was promised response would be by the 1st May after calling earlier this week, I have now been told there is conflicting information within the expert medical report so they have passed it to medical services for them to make a decision. I have given them 2 medical reports from different medical experts which both are very similar so seems strange for them to ask medical services which will not have the knowledge of the medical experts i have seen.

[morganpink08]

UPDATE

 

The CRU department called today to say our certificate had been revised as we requested. However the money will go to the defendants solicitors and we will have to request it from the now. Seems strange when its been us fighting for this for 7 months with no help from anyone else. Is this normal procedure?

 

Thanks