Lied to by DEA

TOBRUK

woodbine wrote: »

I would say that its upto the claimant to check as to when a benefit can be paid,a DEA doesnt decide when DLA can be paid,so as harsh as it sounds i would say OP has no grounds for "back payment"

I agree with woodbine and sorry 50Twuncle, any benefit you apply for it is up to the claimant to look into the rules and all the information about that specific benefit.

There has been on this forum many questions regarding the rules of DLA with regard working, and it has been said so many times here that you can work AND be in receipt of DLA.

50Twuncle, your thread subject is 'Lied to by DEA' the Disability Employment Advisor however I would say is just that - an advisor. The DEA works for the DWP which is nothing to do with DLA. An adviser gives advice but it is up to you to make a decision.You say:

Originally Posted by 50Twuncle
.... I could no longer claim DLA - This incorrect advice could have caused me financial hardship and I am now wondering if there was any procedure to claim 15 years of back-DLA ?

I doubt very much that you could possibly claim 15 years of backdated DLA. Another thing is you say a DEA from the DWP advised you, well even though he gave you the wrong advice (it is advice - you make the decision) he does not work for DLA. If that is the case, your complaint is with the DWP and not DLA.

Whatever you try to do now, I doubt you would get a penny. You are now receiving DLA and perhaps you should be grateful for that.

We are given advice on many things in our lives but we have to make the decision based on any advice given. I was advised a few times that I could be eligible for DLA, but it was a few years later that I actually applied! That was up to me! With any benefit there are rules and we have to take responsibility to check what those rules are.

This forum is an excellent place to ask advice and also get information.

[Deleted User]

I had a nightmare interview recently with Income support where just about everything I was told was incorrect. Highly stressful at a time I didn't need more stress. However, I did go home and check everything and verified that my information was correct and their's wasn't (even one specialist who was supposed to know what they were doing).

I'm afraid that's what you have to do. Their remit has always been not to make sure you get every benefit you are entitled to but cut down on benefit claimants. So I'm afraid you have to take responsibility yourself to check what they say.

I also didn't complain because I did feel that as the interview wasn't recorded, the people I saw would just change what they had talked to me about.

Honestly, the first person I saw was so determined to get me to sign off.., it was like talking to a mentally ill person trying to follow what she was saying.., or being in a verbal storm at sea. It was extremely stressful and very frightening. Wish I could have done something about it though, goodness knows what she puts other people through.

50Twuncle

deannatrois wrote: »

I had a nightmare interview recently with Income support where just about everything I was told was incorrect. Highly stressful at a time I didn't need more stress. However, I did go home and check everything and verified that my information was correct and their's wasn't (even one specialist who was supposed to know what they were doing).

I'm afraid that's what you have to do. Their remit has always been not to make sure you get every benefit you are entitled to but cut down on benefit claimants. So I'm afraid you have to take responsibility yourself to check what they say.

I also didn't complain because I did feel that as the interview wasn't recorded, the people I saw would just change what they had talked to me about.

Honestly, the first person I saw was so determined to get me to sign off.., it was like talking to a mentally ill person trying to follow what she was saying.., or being in a verbal storm at sea. It was extremely stressful and very frightening. Wish I could have done something about it though, goodness knows what she puts other people through.

This is the reason that nowadays, I never go to a DWP interview / session on my own - I always have someone with me to make sure that I am dealt with fairly and also to record (mentally) what was said - I say "mentally" - but once I did take along a mobile phone and recorded the whole procedure (Yes - without telling the "medical professional")
I doubt though whether a recording would be counted as admissible evidence - if it came down to it - They would accuse you of fabricating the recording....
Next step - miniature video camera !!

Poppie68

portly1 wrote: »

By which I presume that whatever the DWP tell you, you have to treat it the same as what a 'guy in the pub' will tell you?

Yep, they may all work for the DWP, but in different departments . Seems strange that a DEA did'nt know the rules on claiming DLA though.
Maybe worth getting a SAR, not sure if it would do you any good though.

50Twuncle

Poppie68 wrote: »

Yep, they may all work for the DWP, but in different departments . Seems strange that a DEA did'nt know the rules on claiming DLA though.
Maybe worth getting a SAR, not sure if it would do you any good though.

SAR ?
Sorry - you will have to explain...

Poppie68

50Twuncle wrote: »

SAR ?
Sorry - you will have to explain...

Subject Access Request....it will hold all information, contact from you to them, and them to you and any corresponance. There will be a charge for this though, i think it maybe around £10.

50Twuncle

Poppie68 wrote: »

Subject Access Request....it will hold all information, contact from you to them, and them to you and any corresponance. There will be a charge for this though, i think it maybe around £10.

So DWP tries to charge individuals for mistakes that it has made....
This takes the biscuit.
What about FOI - if someone (my wife for example) - requests full details of ALL info held on me by DWP ?
(you are unable to request info on yourself)
Mind you - we are talking pre-DWP here - it was the DSS then !!

speedyturtle

50Twuncle wrote: »

So DWP tries to charge individuals for mistakes that it has made....
This takes the biscuit.

I think in there new/future policy if someone fails to fill a form correctly than they would be charge a penalty. I do feel sorry for you that you missed DLA payment for such a long period of time but as long as you got something in writing from a government department than i feel that there is nothing you can do. And yes for public its different rule as we cant claim back after certain period of time where as the government can ask for the money back even after 10 years. Try looking around and see if you can find anything as that might be your only hope.

p00hsticks

50Twuncle wrote: »

What about FOI - if someone (my wife for example) - requests full details of ALL info held on me by DWP ?
(you are unable to request info on yourself)

What makes you think you are unable to request info on yourself ? (or that any one else can (and would be given it) ?)

I think you are probably wrong on both counts .......

[Deleted User]

portly1 wrote: »

So you are suggesting that the DWP whilst giving what seems to be sound and accurate advice should really be ignored as the advice they give is usually wrong?

I agree with you, but it doesn't help those that don't think that way - they will believe what the DWP say - they are after all the department that SHOULD know what they are talking about.

when i first claimed benefits some 15 years ago we didnt have the luxury of the internet in most homes,i came across dla purely by accident claimed and got it,now its far easier for people to research benefits and make valid claims without reliance on the underpaid/overworked/badly trained staff at the DWP