Diabililty Living Allowance - My Story.

RonH22

[FONT=&quot]Let me tell you a story in which I have been subjected as far as I am concerned by a witch hunt by the DWP – DLA.[/FONT]
[FONT=&quot]My background is that I have been involved as a legal adviser for some years some of those cases involved quite successful cases against the DWP. Indeed a number of stories were run in the press resulting in official apologies.[/FONT]

[FONT=&quot]Unfortunately my health deteriorated and I was unable to work for some time – This related to both physical and mental health issues.[/FONT]

[FONT=&quot]In 2003 I made a claim for DLA. I was visited by their Doctor who provided a report and on the basis of the report I was awarded DLA. This was due to in the main the mental health issues. However between the Claim and the Doctors visit I did manage to obtain employment but my condition had simply not improved. I worked from home at this stage.[/FONT]
[FONT=&quot]I then obtained a job working away from home. It was quite honestly impossible to cope and I then obtained employment locally from 2005. However prior to this in 2005 I suffered an injury at work and I now suffer the effects of a prolapsed disc.[/FONT]
[FONT=&quot]My claim had to be renewed in 2005. I submitted the claim and was awarded Middle Rate Care and higher Rate Mobility. I do have a lot of personal care need w which arise what is now apparent from me suffering form post traumatic stress disorder from the effects of an emotional abusive relationship. However at the tie it appeared this was simply depression and it was only after finally getting an appointment with a clinical psychologist that the forma diagnosis was made. This means needs of prompting in relation to washing and bathing, getting dressed, taking medication and therapy, communication (concentration problems) in similar issues.[/FONT]
[FONT=&quot]I continued to work in the advice/legal sector.[/FONT][FONT=&quot]

In late 2006 I was contacted by the Fraud Investigation Service requiring me to attend for an interview under caution. They knew I was a person who had mental health issues but foolishly I did not attend with a solicitor. However I am aware that a person who is mentally vulnerable an appropriate adult should have been appointed and present under Code C of PACE. This never occurred nor was any suggestion made of this. I was essentially very agitated and towards the end of the interview I became extremely agitated screaming at the interviewers that I could not take any more of it and then ended up also having an asthma attack.[/FONT]
[FONT=&quot]The issue was then considered by DLA who caused supersession from the date I commenced work on the basis I had failed to disclose a change in circumstances namely an improvement in my medical condition. Now this was news to me in that my medical conditions had in fact deteriorated in this period. I appealed this decision.[/FONT]
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The appeal was heard in May 2008 but shortly before the appeal hearing I was then given a summons to appear in the Magistrates Court for failing to notify a change in circumstances namely an improvement in my medical condition.[/FONT]

[FONT=&quot]I lost the appeal. My then GP was hopeless and in effect could not be bothered to go through the medical records and even got the year wrong when I first was diagnosed with the mental health conditions. The Tribunal in fact decided I was not entitled to benefit from day 1 and not just when I started work and found that the work was incompatible with an award of dla. They decided that there had not been any change of circumstances. However they never took into account the DLA medical report in their decision. Interestingly this was a Tribunal which was three female members.[/FONT]

[FONT=&quot]I now face a trial on this case. However there was never an improvement but in fact a general deterioration in my health. I have elected trail at the Crown Court but my condition has just got worse and worse due to this. The whole situation has exacerbated my mental health condition.[/FONT]
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I just wanted to give you all a little insight into my story. If you want more information I can provide it to you. However I just feel that I have been completely persecuted because I had the audacity to work. It has always taken me a great effort to work since 2003 but felt at least I was making a contribution to society and helping others but it seems that as I was involved in the advice and legal sector this was not liked. I would add that a letter was sent in relation to this when I started to work.


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Oldernotwiser

I'm puzzled by this as you're allowed to claim DLA whilst working. Could you explain further?

[Deleted User]

Oldernotwiser wrote: »

I'm puzzled by this as you're allowed to claim DLA whilst working. Could you explain further?

Thats perfectly true,but if an improvement in health,or in terms of care/mobility needs is the reason why a job could be undertaken,then its a change of circumstances that should be notified,in fact personally I always suggest its a good idea to notify the dla if you start work while claiming.
In terms of the OP i think it should be made clear to others reading this board that the vast majority of claimants dont have problems at all with dla,and we only usually get to hear about the horror stories on sites like this.
Having said all that i wish the op well and hope it all gets sorted.

GlasweJen

DLA are aware of me working and i wrote an explanation of how i can work (i.e. the support in place) when i renewed in December, my new claim was initially rejected but reinstated upon me giving them further information (i forgot to write that i get disorientated). My award is middle care, lower mobility. I completely agree that all changes of circumstance are reported and backed up with evidence of why this should/shouldn't affect your current DLA award.

mouseymousey99

Are you getting some help with the court case? Some representation? (I've pm'd you)....

RonH22

Let me say firstly that I accept that a large number of DLA claims are dealt without any problems but given the changes that are being implemented it seems more and more people are having to apply for reviews appeals etc
Obviously in a post of this nature it is only possible to touch the tip of the iceberg because I have to be careful what I put due to the legal restrictions so I have been careful not to identify myself employers or location.
I did write to DWP notifying that I was working. In fact I obtained disclosure under the Data Protection Act and found a copy of the letter duly date stamped as having been received. Obviously in a post of this nature it is only possible to touch the tip of the iceberg because I have to be careful what I put due to the legal restrictions. I became aware of the investigation in 2006 so I have been living with this issues since then. In terms of the Tribunal there were major issues that the Tribunal did not address in its decision. For example there was a favourable EMP report. Specific submissions were made by my representative about this but the EMP report is not even referred to in the decision!

Interestingly the Tribunal found that there had been no change in circumstances and yet the case before the Court is based on a failure to notify a change of circumstances. The fact was notified but in any event there was no the improvement as suggested in fact my health deteriorated. The wording is very specific failure to notify a change of circumstances being an improvement in my medical condition. There is of course a difference between that and an improvement in relation to for example lower care needs (which in any event is disputed).


The Appeal Tribunal decision is presently under appeal to the Upper Tribunal Judge (previously Social Security Commissioner)

RonH22

Oldernotwiser wrote: »

I'm puzzled by this as you're allowed to claim DLA whilst working. Could you explain further?

Well I wss only receivng DLA no other benefit.

RonH22

woodbine wrote: »

Thats perfectly true,but if an improvement in health,or in terms of care/mobility needs is the reason why a job could be undertaken,then its a change of circumstances that should be notified,in fact personally I always suggest its a good idea to notify the dla if you start work while claiming.
In terms of the OP i think it should be made clear to others reading this board that the vast majority of claimants dont have problems at all with dla,and we only usually get to hear about the horror stories on sites like this.
Having said all that i wish the op well and hope it all gets sorted.

I agree with what you say but it is only by actually telling people out there what is going on that an awareness grows. Whatever the outcome with the surrounding publcity I feel it will finish me off professionally.

Penny-Pincher!!

I am sorry to hear about your problems with DLA, but TBH I dont think you are explaining the whole story accurately. With the info you have given the fraud unit wouldnt even get involved or at worst they would have asked for info on why you hadnt let them know your condition had got worse.

They really dont care if your working as long as the work doesnt go against what you have claimed is wrong with you. Infact working is encouraged while being disabled.

We hear these horror stories occasionally, but we all seem to forget all the thousands of claims that go through successfully each week.

PP
xx

bestpud

To me, this seems simple.

They are arguing you should find your job difficult, if not impossible, if you suffer in the way you say you do, i.e. needing help with daily life.

What they are thinking, I guess, is you need to recall facts and deal with quite complex issues in your job, so why are you unable to remember daily tasks?

The fact you worked away for a while after claiming is odd, or will look that way to them.

So, I would say you need to provide evidence of the effects of PTSD, because it can cause some areas of your life to break down while others carry on as normal, as I'm sure you know.

Have you only received care from your GP? Not any other medical people, for any of your health problems?

I'm not sure what happened in the interview you had but it sounds as though you didn't help yourself much.

You seem to feel this is personal but I'd argue they are looking at your claim and looking at the tasks required in your job and thinking they don't match, simple as.

Why is it relevant that the panel had three women on it?

Can you go back to the psychologist and ask if they will support you? Were they private, or arranged through the NHS?

You need to state what it is that allows you to do your job, and why, exactly, you are able to work in this area when you suffer from confusion and lack of concentration etc.

That will do you far more good than talking of conspiracies and running down the system on a forum which people access for help with the DLA process.

Please remember people are often afraid when they come here and they don't need to feel the system will falsely criminalise them. This is a rare situation imo.

Just my thoughts...

RonH22

Penny-Pincher!! wrote: »

I am sorry to hear about your problems with DLA, but TBH I dont think you are explaining the whole story accurately. With the info you have given the fraud unit wouldnt even get involved or at worst they would have asked for info on why you hadnt let them know your condition had got worse.

They really dont care if your working as long as the work doesnt go against what you have claimed is wrong with you. Infact working is encouraged while being disabled.

We hear these horror stories occasionally, but we all seem to forget all the thousands of claims that go through successfully each week.

PP
xx

Thanks for your message. I am sure you will appreciate I have to be very careful as to the amount of detail put in the postings due to the effect of the Contempt of Court Act. That why it has been vague.
However essentially it is the full story. As I understand the position someone complained that I was getting benefit and they thought I couldn’t because I was working and this is what caused the investigation to be initiated. What their position is in fat is that working is not compatible with an award of dla either in relation to the MH conditions or the physical ones . Now that may be understandable if I was doing a physical job. The work I did was in relation to housing advice (with an overlap in relation to housing benefit).
The first job I had was in fact providing telephone advice in the evening at home. I would receive around 4 calls a night so how that is incompatible is another matter.
I accept that there are many awards of dla where there are no problems but with the new rules and legislation it remains to be seen what happens.
I am going to do another post which will deal with things in a little more details.

R