ESA, DLA and PIP chaos - DWP overturning more than half of it's own decisions on MR..

djkav

I have an interesting run in with the DWP.

I made a claim for PIP in Nov 2013 after I got advice from some one at DWP, whilst taking care of an issue on my parents behalf.

In an unrelated matter, I've taken out a personal injury claim against my employer, for a work related injury that occurred in Mar 2013.

On 25 May 2014, my solicitor received a certificate from the DWP, compensation recovery unit. Stating that they can recover the PIP payments made since Nov 2013 (the letter is the amounts itemised, for every 4 week period from that date, currently £4600ish) as the PIP is due to the injury at work. Despite, that my original form had several different disabilities listed, that affect my daily living.

Now this is the fun part, I finally got my PIP decision letter from the DWP on 17 June 2014 saying that my claim for PIP has been declined. The reasons stated on the letter, related to very little that was talked about in the ATOS assessment, and basically lied. They said that because I referred to a cup of tea, that I could prepare food. Despite telling the ATOS person that I don't drink tea or coffee. Never have done since I was a child O.o

The puzzling part is, why has my solicitor got a letter with a statement of payments that have already been paid ?!?

Surley, this must be close to fraud by deception?

If it was reversed, I'm sure I would be investigated and hauled to court for fraud.

Yes, I'll be seeking legal consultation, and appealing. Also, the depression thats been triggered, because for 3 weeks, I've been under the illusion that I was going to be awarded PIP after the statement my solicitor received. Luckily, I have dated hard copies that the DWP can't hide or deny of all the communications, as my solicitor emails me all communications for my records.

This only proves that the DWP is completely screwed up.

Comments welcome, supportive or critical. Its a free speaking country

jga1940

The puzzling part is, why has my solicitor got a letter with a statement of payments that have already been paid ?!?

Quick visit to explain this.

If you are awarded compensation for an accident at work, then you cannot be compensated twice. The DWP have a special section called the Compensation Recovery Unit. If you have received sickness benefits such as IB or ESA, or disability benefits such as DLA or PIP,
the DWP can claw back some of these benefits paid in most situations.

The Compensation Recovery Unit recovers social security benefits in certain compensation cases and NHS costs in certain injury cases. The Compensation Recovery Unit (CRU) works with insurance companies, solicitors and DWP customers, to recover amounts of social security benefits paid as a result of an accident, injury or disease, if a compensation payment has been made (the Compensation Recovery Scheme),costs incurred by NHS hospitals and Ambulance Trusts for treatment from injuries from road traffic accidents and personal injury claims (Recovery of NHS Charges)


For full explanation see: https://www.gov.uk/government/collections/cru

enabledebra

jga1940 wrote: »

I didn't come to whistle blow, I came because I and other mods were concerned that a link posted in B & W about JJ seemed to be questionable. We pride ourselves in B & W in providing valid, accurate and up-to-date information about benefits whenever possible.

At first I just asked a simple question of JJ which was do you work for the DWP in an office dealing with appeals or for HMTCS. I received no reply. I then asked a few other questions trying to establish whether JJ was working for the DWP or HMTCS. To date, I haven't had one of my questions answered, and neither have any other MSE forum members who asked similar questions.

My concern as a Senior Moderator for B & W since the 90's, I wasn't convinced that that she was who she said she was, and consequently the 'News' item was removed from our Benefits News section. Originally, I only came on here to report that, but as I'm not keen on people who cannot answer simple questions about who they claim to be, I became to my regret involved in the JJ 'discussion'

As I'm now going to very busy over the next few months with casework, reports etc, this will probably be my last visit here.

So thank you for all for your comments both in support of me and against. I am not an expert as a member suggested. The great late George Bernard Shaw, wrote ' an expert is someone who gets to learn more, about less and less, until they know absolutely everything about nothing". Thankfully, I'm not an expert.

J. Allison, retired Welfare Rights Lawyer & DLA Tribunal Member from 1996 to 2005. Former Forum moderator for Yourable, Disability Now etc etc. Author of numerous welfare guides and current Mod for B & W despite being 73 years of age and with at least 4 chronic health conditions.

I wish all members of MSE Benefits Forum all the best with their pending or future claims.

Benefits and work is much saner than this particular board and does great work. Here's to another 20 years of your contribution to that

djkav

jga1940 wrote: »

Quick visit to explain this.

If you are awarded compensation for an accident at work, then you cannot be compensated twice. The DWP have a special section called the Compensation Recovery Unit. If you have received sickness benefits such as IB or ESA, or disability benefits such as DLA or PIP,
the DWP can claw back some of these benefits paid in most situations.

Well there are 2 problems with this. My PIP claim was made with several disabilities making the whole application. I would say that my injury from my works accident makes up about 10% of the whole PIP application. So how that can claim that the whole PIP is attributed to my works injury, when my unrelated disabilities make up the other 90%.

Secondly, I haven't been paid any monies, nor will I now I have received a letter saying my PIP application was declined. So how can they ask to reclaim what I've not been paid. That is what they call fraud, claiming monies that they are not owed?

enabledebra

PIP can only be recovered against compensation awarded for care or mobility needs so if your compensation is to reflect lost earnings it won't be an issue. Talk to your solicitor about the detail.

nannytone_2

djkav wrote: »

Well there are 2 problems with this. My PIP claim was made with several disabilities making the whole application. I would say that my injury from my works accident makes up about 10% of the whole PIP application. So how that can claim that the whole PIP is attributed to my works injury, when my unrelated disabilities make up the other 90%.

Secondly, I haven't been paid any monies, nor will I now I have received a letter saying my PIP application was declined. So how can they ask to reclaim what I've not been paid. That is what they call fraud, claiming monies that they are not owed?

you need to find out where you scored your points.
you say your qork accident is only 10% of your health issues, but it also might be the only issue that fits the PIP descriptors

enabledebra

nannytone wrote: »

you need to find out where you scored your points.
you say your qork accident is only 10% of your health issues, but it also might be the only issue that fits the PIP descriptors

That's not how it works. you only have one need for mobility help and one need for care needs. if these are met in full by DWP they do not need to be met again via compensation. The argument that needs to happen is that need is not met, not that need is met but only on the back of other needs. If need is met, its met, and doesn't need to be met again.

What PIP/DLA doesn't do is meet lost earnings.

NYM

It's incredible that the DWP claimed to have made payments to djkav but that he hadn't in fact, received anything from them and certainly won't now his claim for PIP has been declined.

If he was awarded compensation through his PI claim, the DWP would expect to recover payments from it, even though they haven't paid him anything.

djkav

NYM wrote: »

It's incredible that the DWP claimed to have made payments to djkav but that he hadn't in fact, received anything from them and certainly won't now his claim for PIP has been declined.

If he was awarded compensation through his PI claim, the DWP would expect to recover payments from it, even though they haven't paid him anything.

Which is my point, as it constitutes fraud by the DWP.

Poppie68

djkav wrote: »

Which is my point, as it constitutes fraud by the DWP.

It's not fraud it's error and will be able to be sorted out, god only knows how these errors happen but it always seems the right hand does'nt know what the left hands doing.