× Members

DLA Related IUC Fraud

  • Nichola
  • Topic Author
11 years 3 months ago #117492 by Nichola
Replied by Nichola on topic DLA Related IUC Fraud
Really brief update but promise a detailed update when all concluded

Had IUC, worse three hours of my life but I got through it and lets just say this is going to be a very interesting process which clearly does not involve fraud and I expect the investigators also believe that, no suspension of benefit at present which is promising and I do look forward to sharing the full story when it is concluded

Still feel like,crap but now I know what it is about and what the problem may be and likely cause I feel slightly better as any innocent person should!

Promise to update in due course

Please Log in or Create an account to join the conversation.

More
11 years 3 months ago #117498 by Puccalove
Replied by Puccalove on topic DLA Related IUC Fraud
I am glad your benefits have not been suspended and that you are not being accused of fraud. Thanks for keeping us posted.
The following user(s) said Thank You: Nichola

Please Log in or Create an account to join the conversation.

  • Nichola
  • Topic Author
11 years 3 months ago #117500 by Nichola
Replied by Nichola on topic DLA Related IUC Fraud
Well not suspended nor FI recommending suspension which I understand is a far better position to be in than immediate stop. I am confident no fraud but may have a way to go yet, a very technical case!

Please Log in or Create an account to join the conversation.

  • Nichola
  • Topic Author
11 years 2 months ago - 11 years 2 months ago #118880 by Nichola
Replied by Nichola on topic DLA Related IUC Fraud
Spoke too soon....... Benefit suspended today due to doubt raised at IUC

Situation in summary is as follows:

IUC 5 weeks ago, one film of me at an event with husband walking unaided (not unusual but rare) total film time 50 minutes of which 40 minutes of that I was stood still! Yes, only one days filming. Also data obtained off web regarding my hobbies which I was able to totally dismiss at the IUC I.e. They thought I ran a football club training when infact I was the secretary providing clerical support I.e my name and number was in the public domain, a few other web based pieces all prove nothing and I was able to advise at the IUC so the only evidence is one hours observation on video. I was not surprised by my activity and told them so, on a good day I would be as seen.

So in relation to my claim it could look disparate if it were not for the fact that I mention days without mobility issues in my claim. However, during the IUC it was clear they only had my original claim and EMP on record, they did not have all the additional evidence that was sent to a tribunal? Fortunately I had all those docs, stamped by the Tribunal service as they formed my tribunal bundle.

The IUC folk took copies of all these docs as most of them reference the variability of my condition, critically one letter from me refers to the EMP report which the tribunal requested after adjourning my tribunal. When I received it, the day I came out of hospital following a brain haemorrhage, I wrote back to the tribunal to alert to comments on variability as the Doctor had said I said I had no days different, this was not true so I wrote to the Tribunal to say it was my duty to correct that statement as I do have differing days and I needed to make that. Clear as my condition was variable and fluctuates, I have this in writing and confirmation of receipt from the tribunal service. I also provided medical opinion from my specialist who's stated that the TS and DWP needed to be alert that my condition was hugely variable and should not be misinterpreted, we made that clear.

I was scheduled to go back for tribunal hearing two months later but just a fe days after writing to the TS I had a letter from them stating the Appeals Officer had changed my award to a more favourable one and my tribunal had lapsed? A day or two later DWP letter of award arrived with HRM and LRC awarded indefinitely. Now 8 years on I am suspected of fraud.

At the IUC I asked who had awarded my benefit and it appears a DM had and not the Tribunal Service and from the docs the fraud team had they had none of the additional evidence the Tribunal had been sent (which they recieved). So in theory the DM made the award based on just the claim and EMP and my doctors statement. What also came out from the IUC is a page in my claim was kissing, I too do not have that page in the copy I was sent by the tribunal service!

In summary, claim was acculturate but misinterpreted but was clarified at tribunal and within a number do docs sent to the TS but possibly not held by DWP. The FIS chap was at a loss as to why, when the tribunal was tinning did a) DWP not poss have copies of he additional episode and b) why a revised decision was made whilst the TS was running, I had called DWP a week before the revision to advise I had been in hospital follow brain bleed and surgery I.e a change of circumstance which I reported.

So yesterday I get a normal ward letter HRM and LRC from DWP then next day a suspension letter?????

Have copies of transcript which I requested but no further indication on what is happening, if prosecution likely, if overpayment or both?

I do know the FIS said this was the most complicated case he had ever seen, lots of evidence all with the TS, DWP making the decision mops without that evidence and from what they had you can see why fraud would be suspected.

I think strength in my case is that at every chance I got: hearing and by paper evidence, I highlighted the variation of my case including reference in claim and also question as to why DM made a decision before tribunal re-sat? Also I am alarmed a page of my claim is missing in my copy from TS and in their copy?

This all brings some doubt and for fraud there needs to be no doubt, also are they not weakening their case by only having one days filming

My car will now be called back I expect and the wait will continue to find out what the DM decides, I cannot appeal on the suspension

I did write another letter to the DM following. IUC with numerous letters from witnesses both work and social on my condition and gained further specialist comment to corroborate my evidence from IUC and to state my frustration that the FIS did not have to hand all the evidence I had provided in good faith for an informed decision on my award!!!!!

Fortunately I have copies of every document on file


Any opinions welcome, what a mess

Thanks forum for listening

Nichola
Last edit: 11 years 2 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
11 years 2 months ago #118881 by Gordon
Replied by Gordon on topic DLA Related IUC Fraud
Nichola

It is very difficult for us to comment on these interviews and the evidence presented, things you might want to think about;

- what distance were you seen walking?
- how fast did you walk?
- what was your gait, did you stumble at all?
- were you in severe discomfort, or worse, that day?
- did you adjust your medication to take account of the fact that you were going out?
- How were you the days following the day out?
- did you use any aids?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Nichola

Please Log in or Create an account to join the conversation.

  • Nichola
  • Topic Author
11 years 2 months ago #118883 by Nichola
Replied by Nichola on topic DLA Related IUC Fraud
Thanks Gordon. I would have been bad the next day for certain, mu claim forms clearly explains what I do today I pay for tomorrow and I made it clear I take more than my prescribed dose of meds to manage.

Gait was normal which it can be when knees a re not dislocating! Walked for approx 30-50 metres in total but not in one go as was stood staid most of the time, none of that unusual on a really good day, again claim form explains no two days ever the same! Clearly stated on form reference to days when I have no mobility issues, as would have been that day!

Will have to wait now and see what happens

Thanks for response Gordon and B&W

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.