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DLA Related IUC Fraud

  • Nichola
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11 years 3 months ago - 11 years 3 months ago #117192 by Nichola
DLA Related IUC Fraud was created by Nichola
Quick summary: HRM and LRC awarded 2007 only after appeal. Went to appeal, adjourned pending medical examination, med done, week later suffered brain haemorrhage!!!! Whilst in hospital getting surgery med report sent to me for my file for the next hearing in October. Discharged hospital, rang DWP to notify. Reviewed medical report, two minor discrepancies so wrote to tribunal and at same time informed them of brain issue but no details of outcomes as was only just discharged.

Week later letter from tribunal just to say decision was made more favourably, case had expired. Next day award letter from DWP, HRM and LRC indefinitely!

Saturday letter inviting me for interview regarding allegations of possible criminal offence in relation to benefit.

Fortunately I have every piece of paper, med records, decision notes and so on ever sent!

My original claim states I have constant pain and discomfort at all times, the usual references to all my variable mobility needs and in one part I do mention times when I do not have mobility issues, such is the variation for me day to day. Within the form and the two pages of continuation sheets I mention this and all this is as I am now, same issues just with further problems caused by the brain injury.

So why are they seeing me? Well I am guessing the rotten sod who I confronted for parking in the disabled bay at the local dog walking place I sometimes visit who said I was not disabled and would check me out has raised the alarming with DWP.

I am also guessing my hard earned tax (work ft in same job I did then and as a result am home based) has paid for an investigation. What will they find, well I might go out, with stick in car as I do travel with work no more than twice a week, my agreed working pattern or reasonable adjustment to be correct. I may have walked 10-20 meres without my stick house to car, pottered in the front garden light duties, even at the place the old sod and I disagreed, walked the dogs once round the field, with walking aids and all this in severe pain and discomfort, note dog walk is exceptional not norm for me but I have and do do this as hubby works away, no family for 100s of miles and essentially home alone. So with pain killers, stick, splints and a lot of will power these things are done; I am in bed by 7 almost every day and usually spend 23 hours a day at home.

Oh I also had two TIAs too to add to my burden, left with numbness and weakness right side, cognitive difficulties when tired, expressive dysphasia, migraines, high blood pressure and so on and that is in addition to what I had when I applied, Ehlers Danlos Syndrome, poss fibromyalgia, miles depression and migraine. Severed artery in foot with toes that won't bend and numerous subluxations of knee and shoulder, all part of my degenerative condition! It's not al bad, I never complain and push for a full independent life as far as I can, ask for little help, work very hard and have done since the day I left school.

Now some kind soul wants me to go answer questions as to why I can seemingly do things!

For any intended crime I would have had to be brain of Britain to manage to sustain that a,out of medical issues for that long, even managing to have the brain heammorage! Impressive.

But on a serious note, I do feel they will ask about when I can do things or when they have seen me do things, as I stated variation on my form do they have a case.

Do you think the tribunal would usually cancel a hearing and just award or did they have a knee jerk reaction to my brain he's mirage? If they did then perhaps they never should have awarded me HRM in the first place?

Also, as I intend to fight this I was wondering if the Tribunal Service will have tapes or manuscripts from my hearing.

Any advise, guidance, reassurance etc is vm appreciated, whilst I am a truly strong character, positive in every way I am so worried, have not slept or eaten, literally jot eaten a thing, for 5 days, have no one to tell as hubby away and family miles away and need some help

I do have a solicitor booked to come with me
Last edit: 11 years 3 months ago by .

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11 years 3 months ago - 11 years 3 months ago #117193 by
Replied by on topic DLA Related IUC Fraud
Hi N,

I am sorry to hear this !!!

It is highly possible that this IUC may be as the result of an anonymous letter/phone call.

Of course you will only know for sure once The IUC has taken place.

You have done the right thing in getting a solicitor to accompany you.

You are our second member in the last month or so that has had to attend an IUC regarding their DLA, and you may want to read their topic thread : Here.

You might want to read this related News Story as well.

I hope this helps, and wish you all the best.

Please keep us updated.

bro58
Last edit: 11 years 3 months ago by .

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  • Nichola
  • Topic Author
11 years 3 months ago - 11 years 3 months ago #117203 by Nichola
Replied by Nichola on topic DLA Related IUC Fraud
Thanks Bro, yes will update even if it's from the confines of a prison cell!

My benefit has not been suspended, should they not have done that by now if they believe fraud could have occurred? Also would really like to know if tribunal transcript's are in existence

Thanks again

N
Last edit: 11 years 3 months ago by Gordon.

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11 years 3 months ago #117207 by Gordon
Replied by Gordon on topic DLA Related IUC Fraud

Nichola wrote: Thanks Bro, yes will update even if it's from the confines of a prison cell!

My benefit has not been suspended, should they not have done that by now if they believe fraud could have occurred? Also would really like to know if tribunal transcript's are in existence

Thanks again

N


If you are talking about your 2007 Tribunal then then no, a written Statement of Reasons can only be requested up to one month after the hearing.

With regard your upcoming hearing, please be aware that the Tribunal can only look at your condition as it was on the date of the Decision that you appealed, so the problems you have had since then will not be considered and you will be asked to only consider your condition as it was not as it is now.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 3 months ago - 11 years 3 months ago #117208 by
Replied by on topic DLA Related IUC Fraud

Nichola wrote: Thanks Bro, yes will update even if it's from the confines of a prison cell!

My benefit has not been suspended, should they not have done that by now if they believe fraud could have occurred? Also would really like to know if tribunal transcript's are in existence

Thanks again

N


Hi N,

The DWP did not suspend the other member's DLA pending further investigation, until after the IUC.


I see that Gordon has answered your query regarding Tribunal transcripts.

bro58
Last edit: 11 years 3 months ago by .

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  • Nichola
  • Topic Author
11 years 3 months ago - 11 years 3 months ago #117257 by Nichola
Replied by Nichola on topic DLA Related IUC Fraud
Linked into my previous post and IUC just wondered if any of those in the know are aware if documentation on tribunals previously held can ever be obtained, I ask as much disclosure of my mobility issues and variable condition was presented in person to the tribunal and I may need this to quash my maliciously reported possible fraud!

Secondly I have just reviewed the EMP findings from my initial claim and whilst he has a fair view on my needs he answers no to my meeting criteria for HRM yet they awarded it! If he had doubt, DM said no then why would a tribunal say yes?

Now wishing they had said no, would not be facing an IUC
Last edit: 11 years 3 months ago by Gordon.

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