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Interview under caution for DLA benefit claim

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Hi everyone I really hope someone out there can give some advice about my issue. On Friday I received a letter from DWP saying I had to attend an interview under caution about a fraudulent benefit claim, I was mortified, I called the number given and spoke to the person who is interviewing me and she stated that it's was about my DLA claim and they think my condition has improved, this is all the information the lady would give. The interview is this Friday the 15th and I have not been able to eat or sleep since receiving the letter.

 

My condition I think is bad I have a form of arthritis called ankylosing spondylitis and was diagnosed when I was 18, I applied and received the high rate DLA for life, I am now 41 and my condition has deteriorated as I'm getting older. I had a full hip replacement when I was 30 this was due to the arthritis, I regularly get swollen painful knees and do struggle to walk but some days are better than others, I am am under a consultant and take two weekly injections called Adalhumas, this is instead of oral medication. I have been reading some of the posts over the last few days some say an interview under caution generally means the DWP have evidence of me do something I said I couldn't but I never said I couldn't walk only I find it very difficult and painful to walk long distances.

At the moment I am very frightened I have a job and work full time and all I can think is I'm going to get prosecuted and be sent to jail, some of you suggest getting legal advice so if anyone has any advice thoughts pleases let me know as I'm desperate

 

Many thanks in advance

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Hello and welcome to CAG.

 

I've moved your thread to the benefits section of CAG and left you a link to follow from the Welcome forum. The forum guys should be along later with advice for you. :)

 

My best, HB


Illegitimi non carborundum

 

 

 

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The first thing you need to do is speak to all of your medical and support teams and get them to send you a new and up to date report.

 

I have recently posted a 12 point diary sheet in the sticky section of the benefits section. It may pay you to download this and used it as often as you can. See here >> http://www.consumeractiongroup.co.uk/forum/showthread.php?457126-DLA-Pip-12-point-diary

 

This will be a very useful tool and it could also be used to provide information to the DWP if requested.

 

Conditions that affect a disabled person can change daily these diary sheets can provide an insight to anyone reading them to make a decision on how best to assist you. Worth a try nothing to lose everything to gain...

Edited by mikeymack2002
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Thanks for the reply I've got all my medical records and even the last report from my consultant who states I'm getting worse, my only concern is all the DWP will have is my initial claim 24 years ago, I don't even remember what was asked at that time but based on the other posters in this type of forum they will have evidence to suggest I can do things now I said I couldn't do back then. I do have better days than others and sine days I can walk further and better than other days but I'm still terrified!

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Talking in general, DWP do accept that as a disabled person, you are going to have days where you can walk a bit further. So, if you said "I can walk 20 meters without difficulty" and some days can walk nearer 30, it's not a problem. It's going to look odd though if you wrote you can only walk 20 meters without difficulty (you have to, IIRC, write how far you can walk before you stop due to pain or fatigue or whatever causes you to stop walking) and walk miles and miles most days. On my award letter, they did write something alog the lines of "we accept that your condition varies" - something I made clear on my forms.

 

Question - on the letter did it say under caution or compliance? With compliance, (which I had last year) they've got virtually no evidence to prove either way that your claim is suspcious and have received a report. In my case, the report just said I wasn't that disabled and nothing more, which led them (and me) to believe it was just someone **** stirring.

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The advice above is correct. Also the DWP already know that an illness may not be constant. The good days and bad will always be there regardless. But, if your good days are significantly more than they were all those years ago then maybe you could consider a change of circumstances to the DWP. This is why I think by using the diary sheets could help in the long run, not only that it could show that if you do certain things it gets better and the same for when things get hard for you.

 

 

Being advised to use a diary may seem pointless, but it is a tool to assist you to make the best of your abilities and allow you to make subtle changes to your daily life that could be of benefit to you. I have to use these every day and it helps me no end, for the reasons stated above...

 

 

Note I have added a link now to the PDF diaries in my original post to assist you...


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Hi the letter clearly says its caution, my Dad has the same condition as me but far worse, my blue badge expired recently and I borrowed his to do some shopping he was also with me at the time, I marked in a disabled bay in a city centre, maybe this is just me hoping I have been 'grassed' if you like but if a traffic warden saw me getting in and out my car possibly me walking better than normal could he (the warden) become suspicious and contact the DWP or report it someone who might again I'm clutching but the thought of someone reporting me makes me feel very uneasy as there is very few people who actually know about my DLA award.

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All you can do is wait till the hearing. As far as the blue badge goes the holder was with you so no worries there either. Please be careful with misuse of the blue badge scheme as it carries significant penalties ok?


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Yeah I know thanks for the advice Friday can't come soon enough

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We look forward to your update if you will...


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I will I hope the matter will be resolved this week

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Ok I've had the interview under caution and it was horrific they asked me questions about my condition how I manage my condition and do I think I have improved, this was constant for over an hour, the interviewer then asked about my employment to which I have a good an detailed explanation of my job travel and duties, to which the interviewer said she had visited my place of work and had a witness statement from my boss who claims she did not know I had mobility issues, granted I have kept that private but she wa aware of my back and neck problems, the interviewer made me feel like a criminal but no video or photo evidence and it's going to the decision maker and could take 3 months, I'm absolutely terrified I have a young family and I can't help thinking I'm going to prison pleas advice guys what should I do?

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You won't go to prison. That is saved for people who are commiting some quite serious organised benefit fraud.

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Thanks for the reply I hope so but again I still don't feel as if I've done anything wrong the interviewer was saying higher rate DLA was for people who could not walk but I was assessed I'm 1992 and you could walk 50 yards and were stil awarded it, I'm going to get dome legal advice just as a precaution.

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That's not right. They take into account things like how far you can walk, the amnner and speed.

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That's what I thought but she just diss messed it altogether she was trying to get me to admit my condition had improved and I have failed to notify the DWP

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Stop panicking it is over now just wait for the letter from DWP then update your thread...


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Stop panicking it is over now just wait for the letter from DWP then update your thread...

 

Hi all,

Ok been the worst 7 months if my life but I got a letter today from the DWP re the above, they have stopped my befits from April 2011 as this is the date I started my job. The things they said in the letter were completely wrong and they did even mention things I said in the interview under caution. They. Say they will write to me to see what happens next so I am now panicking thinking this is still not over, but in the letter they say I can appeal the decision! I'm confused on one hand they are saying I am not entitled to anything but I can appeal! If anyone can give me any advice it will be brilliant,

 

Is the the final decision stopping my benefits or could they still look to prosecute me

In the letter the acknowledged I had disabilities but not enough to claim and DLA at any rate

Is it worth appealing

In the letter they make no mention of a fraudulent claim

 

I am still mortified if anyone could give me any help of information if this is the end of the investigation or am I expecting more letters to say I am going to be prosecuted

 

Thanks in advance

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Can you make an appointment to see anyone at Citizens advice? You need to get a letter in before a month is up If you are to have an appeal accepted.

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I am certainly appealing I just don't know if this is the end of it or they will look to prosecute me

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I'm afraid it will be a waiting game, but If you said the letter did not mention fraud, then maybe thats a good sign?

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No it didn't and they are allowing me to appeal head is spinning with this the letter says nothing about fraud or prosecution just descion maker descion benefits stopped

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The decision to stop your benefits does not necessarily mean they won't prosecute, but it doesn't mean that they will either, if that makes sense. It's possible for them to decide that you're not entitled to benefit without any fraud having taken place. The decision is simply a benefit outcome decision, which is why you have the right to appeal it.


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Ok I understand what your saying but I didn't make a fraudulent claim in the first instance I have severe health issues and I am certainly appealing

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Ok I understand what your saying but I didn't make a fraudulent claim in the first instance I have severe health issues and I am certainly appealing

 

Sorry, yes, I'm not saying that you made a fraudulent claim. All I meant was that the issue of fraud prosecution is a separate matter from the decision to stop or pay your benefits. So, for example, they could decide that there's no evidence to support a fraud prosecution but still say that you've been overpaid benefit. Appealing is definitely the right thing to do.


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