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Thread: DLA reapplication

  1. #1

    DLA reapplication

    May need someone with a bit of knowledge here. My husband was taken off DLA mob higher care middle, by fraud team in august 2011 backdated to start of claim in march 2011. It was anonymous tip off. Please don't think badly of us yet as fraud officer put things in statement that were untrue. I put a new claim in in January as he is still in pain and can do very little and his mobility is so affected. He has put a reconsideration and appeal in on the original claim, reconsideration given two weeks ago and not in his favour as they are using same flawed evidence from investigator still and saying that when it goes to appeal the appeal panel should go for overpayment on the claim before also. Can they recommend what appeal panel should do it seems very unfair to me. His interview under caution was not in line with pace even though DWP keep saying it was. Their reason for saying this is he had solicitor present who never complained about the interview. My husband has now had to take action against solicitor also for failing to represent his inerests. He saw no video evidence as the recorder was broken and was not allowed to see any notes, did not get a break he asked for as he stated he was unsure about the questions being asked. he was bullied by interviewer who just wanted a date from him that he was better so they could stop his payments and get overpayment figure. My husband refused to sign anything as he told them things were worse. We were a week away from delivery of a new change of motability vehicle with hoist for his scooter as he was struggling to use it due to weight of it when lifting. This was costing us almost 2,000 pounds to change. It will now go to appeal but my question is the new claim I put in in December was last week refused and information used for that decision was the ongoing fraud investigation. So he has been taken off from March 2011 and new claim was decided upon March 2012 that is a year, when should he be allowed to reclaim? and should fraud investigation evidence be used? You would not beleive how evidence has changed even from fraud investigator to reconsideration decision maker. For instance fraud investigator said my husband jogged one day from his car to front door, my husband has osteo arthritis in both knees and said this was a lie he could not have done this, also the distance is a couple of feet hardly a jog. He spoke to the fraud officer and asked him why he had said he jogged, the officer said he did not say this and did not know how it got into his report. On reconsideration the new decision maker has now stated my husband goes out jogging. It is like chinese whispers, an untruth is told and then eloborated on. He has made a complaint against the fraud investigator but no one seems to be listening he was even threatened with we do not normally prosecute for £2,000 overpayment but in your case we may make an exception. He still may recieve a summons for court as he refused to accept a caution on the grounds he does not feel he has done anything wronge and was at the time still awaiting reconsideration and appeal. It is all a bit of a mess and it seems as though you are just expected to do as you are told and not challenge even if things are wronge. I worked as an advisor for DWP for ten years and know the consequences of lying to them but even so we have found ourselves in this very stressful situation which has been going on since last august. Obviously there is alot of information here but if anyone has answers regarding the new claim which was not dealt with by bootle but sent to stay with fraud file, or if within a reconsideration they should be advising appeals panel to take even more money back I would be interested to have comments thanks. PS there is alot more flawed evidence i.e on site of evidence my husband admitted his condition had improved. He did not see any evidence the video was broken and he was refused sight of any notes,and actually stated he was worse. The evidence continues in a similar fashion.

  2. #2
    davewhit
    Guest
    you need high quality legal advice its your word against theres if your 100% sure of your postion call there bluff tell them to take legal action and have your day in court

    you say they are using "flawed"evidance you need to supply evidance to refute there claims

  3. #3
    There are several issues here and yes you do need legal advice in my opinion. First - you may be able to make a case against the solicitor who represented at the interview under caution. Second - your husband would have been shown a transcript of the interview (you say he refused to sign, so he presumably saw the transcript and had reasonable doubts) but as for being refused sight of any notes I'm afraid that is a different matter. The interviewers notes would very likely contain details of the informant, which the defendant is not allowed to see.
    Last but not least, the new claim made while the case is still going on couldn't be processed, because the tribunal takes priority in this situation. If your husband goes on to win his case the DLA would be backdated anyway. If he doesn't win he can make a new claim immediately, despite any further appeals which may go on.
    I think that one point he does really need to get across in any case against the solicitor is that the interview under caution was allowed to proceed without any recording equipment available. That should have been discussed and agreed (or not) before the interview started.

  4. #4
    No recording equipment while under caution ...NO interview end of . If a solicitor advised anyone to continue without a recording he should be struck off .

  5. #5
    davewhit
    Guest
    Quote Originally Posted by Stig View Post
    No recording equipment while under caution ...NO interview end of . If a solicitor advised anyone to continue without a recording he should be struck off .
    thats not true people get caution from people at the side of the road and questioned without a recording, its normal to record but they dont have to
    explained here


    http://www.advicenow.org.uk/adviceno...ml,654,FP.html

    regards recording the UK law says

    An accurate record must be made of every interview with a person suspected of an offence (i.e. every interview under caution)

    so its got to be accurate but no need to tape

  6. #6
    I would consider legal action, if only to clarify what happened, what should have happened, rights, etc. Taking on the government & a solicitor is never easy, but complaints can be made to each relevant department/ombudsman.
    ~ ~ ~ ~ ~ ~
    Stephen

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