DLA claimants getting prosecuted?

Swindler

Thanks for the replies. As people say even though I am now in remission who knows how long it will last for?

pipkin71

hilstep2000 wrote: »

Pipkin Sorry, you obviously know nothing about MS. It changes by the day, believe me, I've got it.

I'm sorry, but I know quite a bit about chronic illness. I know all about good and bad phases of the illness and I also know that if a person is in remission and is not experiencing the same symptoms that their award was based on, then they need to inform the DSS.

The OP's symptoms are clearly not just a change of one day and everyone is told they should report a change in circumstances, which this clearly is.

pipkin71

Swindler wrote: »

Thanks for the replies. As people say even though I am now in remission who knows how long it will last for?

And that's the problem Swindler. You could be in remission for a few months or longer [hopefully], but then you will be claiming money that you may not be entitled to for those few months.

You asked for opinions and I gave mine but ultimately, it's up to you if you inform the DSS.

zolablue25

We were told by the DSS to complete the claims form describing the conditions effects during a severe attack showing the issues at their worst. We did this. This was stated on our form, repeatedly we used the words 'During a severe attack' before stating symptoms/difficulties. We never stated anywhere on the forms what the current state of the illness was. The DLA was granted with this information therefore, in my opinion, the DSS are aware of fluctuations and are happy with that situation. As it happens, the situation at the moment is very bad, but there have been times whilst claiming that it hasn't been at its most severe.

pipkin71

zolablue25 wrote: »

We were told by the DSS to complete the claims form describing the conditions effects during a severe attack showing the issues at their worst. We did this. This was stated on our form, repeatedly we used the words 'During a severe attack' before stating symptoms/difficulties. We never stated anywhere on the forms what the current state of the illness was. The DLA was granted with this information therefore, in my opinion, the DSS are aware of fluctuations and are happy with that situation. As it happens, the situation at the moment is very bad, but there have been times whilst claiming that it hasn't been at its most severe.

I also completed my forms giving both good and bad days and when DLA was awarded, they acknowledged that my symptoms fluctuated.

I think in general, the problem is where someone only describes their worst periods, and the award is based on that, which does leave the person open to prosecution if they are no longer experiencing those symptoms for a significant period but fail to inform the DSS.

Invasion

The general advice is that if a "good" phase, or in your case, remission, lasts longer than it has done before, then it's wise to inform the DWP. I have moderate-severe ME, and due to very strict pacing I am generally at a steady level, albeit low, which makes things easier benefits-wise, and I very very rarely have "good" phases, if I do, it lasts around a week max.

Also, thinking reasonably, if you're in remission for 3 months, then that's the amount of time things have to have been worse for for the DWP to take it into consideration, then that's probably a good time for them to be informed. It's unlikely you'd end up with no award at all, you say you can walk unaided, it still sounds like you struggle, and HRM is generally awarded for 50metres or under before severe discomfort, with gait and time taken into account too.

bored_at_home

you have had some very dodgy replies here.

the fact that you are asking kinda points to the fact you know you no longer are entitled to the award you are getting.
it is left to the individual when to contact the dwp, but be aware firstly as well as the risk of fraud they can get a court order to recover ALL money you were awarded that they dont believe was due.
i too have ms, and understand symptoms change from day to day, but what you may experience in a relapse can be quitedifferant.

if you dont declare the change and get investigated they wont be interested in what people advised you should do about telling them, or general advice or hearsay, its clear on the forms they should be told .

Flange

Hi. M.S is an illness that has remisions and flares. If you are receiving D.L.A then you would have had a flare that was severe enough for you to be given mobility and care allowance.

Sadly with M.S, remissions as time goes on usualy last for shorter and flares for longer. The D.L.A would have made their decission not only bassed on the information you gave but also on information from your doctor, consultant and knowledge of the disease. D.L.A know you have a chronic fluctuating illness for which there is no known cure.

Enjoy your remission, do not feel guilty. As you said people have been prossecuted who have had reduced symptoms for years.

I was lucky enough to be given disability this year, for SLE and fybromyalgia. There are days when I do not leave the house for pain or immobility, however there are days, when I feel like facing the world and can walk, and most people would not know there was anything wrong with me. I try and keep it to myself as I am proud, I do not want people to know and give me sympathy. At the moment I am pregnant, during pregnancy you usually have a remission, then a severe attack follows soon after birth.

I had debated telling D.L.A, but then as I felt like a weight had lifted and I could walk a little longer and sleep a little less during the day, I managed the stairs with less wincing. You get the picture.

Then I typed a letter and found my hand frozen after an hour(long letter), and unable to move it.

I don't know about you, but I adapt my life to avoid the triggers that flare the illness. Which means I do very little, but can get by with medication looking and feeling normal. Until I try and do something beyond my safety zone. You may well have adapted to life with M.S and are taking care of yourself and avoiding triggers and stress. So do not stress about this....you still have to take care of yourself, take medication, you still have M.S

qwertyuiop12345

Hi, I think as long as on your application form you tell them the full and complete truth with details of how your condition fluctuates then you can't have done anything wrong.

If you did not write the details of your current condition (how you are when in remission) on your application form then you probably should tell them now.

Ardvaark

It is this kind of situation and all the Paranoia you can get being on dla as a result of it that makes me wonder if it wouldn't be better to scrap it and transfer all to social services as the Government are considering. The ss have a much better grasp of such conditions and review regulary generally from a more caring perspective i.e they don't assume we are all criminals. I have a form of Parkinsons disease and have done everything I can to keep some mobility and yet I feel paranoid and guilty for it. I can't walk 50 meters without a break and i do need care but if we pull the car up outside a restaurant and walk a few yards to a table I can begin to feel paranoid. I really feel like telling them to shove their money but then I would have no means of getting out and even less help than the little I get now. How did it get to the point where the Disabled became scapegoats? I only wish I didn't have this illness and I could go out and work and get all these begrudging agencies out of my life. It's hard enough with a disability without having to carry their pressure on our backs!