Letter from DWP interview under caution

tomtom256

WhenIam64 wrote: »

Rather than being "hijacked" at any meeting with material you have not seen before, reply to the letter with a Subject Access Request which ought to show all the information. Then you can examine the facts of the matter and be prepared.

It takes 30 days for them to reply, so ask them to delay any meeting until you have had the time to get their reply and digest it.

I am surprised that they would not already do this but since they do, then use your rights to get the information they have.

SAR's don't work on fraud cases, evidence etc is not released as it's an ongoing criminal investigation, unless this has changed, which I highly doubt.

You could ask for disclosure prior to interview, but again they only have to provide you with enough information for you to decide if you want/need legal representation.

xsazax

Ok so wanted to give people an update on what happened at the interview.

I turned up on time, they opened the tapes in front of me went through the cautioning and identification then... well they drove straight into things, asking first what I think I should be claiming for etc. So everything I am claiming for was correct. 

However they told me they got a tip to say I was claiming PIP when I am not actually disabled. Instantly I knew who said what. My neighbour crashed my car recently and owes me 3.5K awarded through the court.

They told PIP I was lying, I walk 8 miles a day. HMRC had been filming me on 4 days in july, or that's the only footage they showed me. 1 day I was cleaning my car. One day I took my bins out. 1 day I went to the skip and one day I took my children and a friend swimming. The interviewers went vicious on me. Saying how on earth can I do things like this.. making out I should be bed bound. I wasnt doing anything in these videos except living a life. I wasnt running, jumping or anything simply outside my house getting in my car etc. They had nothing to go on at all so started to question the car I drive, my private number plate, they said I shouldn't have a dog. They said I am committing fraud by letting my mum use my bank card on the days I am unable to leave the house. I could not win in that interview. 

To me it is called personal independence payments to help you live life as best you can with being disabled. They are not happy or will give you PIP unless you are bed bound? It was an horrific experience were I came out and fell apart crying. I know I have done nothing wrong. I felt intimidated, humiliated and made out to be faking how I am. You can not fake MRI results or doctor prognosis. I will be writing a complaint as to how I was treated like a criminal.

Alice_Holt

I assume you get the Mobility component of PIP - on which activity and descriptor?
Do you claim PIP on physical or mental health grounds (or both)?
Can you tell us your PIP award and the descriptors / points you scored.

I'm unclear on the outcome of the interview - are you to be pursued for benefit fraud?
If so, have you been back to the solicitor you mentioned earlier in your thread? 

This may be worth reading - https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/if-youve-been-invited-to-an-interview-under-caution-for-benefit-fraud/

45002

xsazax

Ok so wanted to give people an update on what happened at the interview.

I turned up on time, they opened the tapes in front of me went through the cautioning and identification then... well they drove straight into things, asking first what I think I should be claiming for etc. So everything I am claiming for was correct. 

However they told me they got a tip to say I was claiming PIP when I am not actually disabled. Instantly I knew who said what. My neighbour crashed my car recently and owes me 3.5K awarded through the court.

They told PIP I was lying, I walk 8 miles a day. HMRC had been filming me on 4 days in july, or that's the only footage they showed me. 1 day I was cleaning my car. One day I took my bins out. 1 day I went to the skip and one day I took my children and a friend swimming. The interviewers went vicious on me. Saying how on earth can I do things like this.. making out I should be bed bound. I wasnt doing anything in these videos except living a life. I wasnt running, jumping or anything simply outside my house getting in my car etc. They had nothing to go on at all so started to question the car I drive, my private number plate, they said I shouldn't have a dog. They said I am committing fraud by letting my mum use my bank card on the days I am unable to leave the house. I could not win in that interview. 

To me it is called personal independence payments to help you live life as best you can with being disabled. They are not happy or will give you PIP unless you are bed bound? It was an horrific experience were I came out and fell apart crying. I know I have done nothing wrong. I felt intimidated, humiliated and made out to be faking how I am. You can not fake MRI results or doctor prognosis. I will be writing a complaint as to how I was treated like a criminal.

So from what you posted, they have been questioning your mobility, how far can you walk, so on !

poppy12345

When you filled out the forms and attend the face to face assessment, did you base them on your worst day? or did you tell them about all of your days?

xsazax

I have always been honest, in the forms which I filled out in winter of 2017, they filmed me in the summer of 2019. In the forms I told them I'm better in summer as I need heat, heat improves my conditions. I explained that like most illness you have good days and bad days. The video they showed me was only a small moment of filming, on different days, 10 mins max.

I'm not walking in any of the videos, I'm not doing anything concerning. From the interview I got the impression they need to fallow up a complaint (given to them by someone who has conflict with me) and they have tried to justify their actions

45002

xsazax said:

I have always been honest, in the forms which I filled out in winter of 2017, they filmed me in the summer of 2019. In the forms I told them I'm better in summer as I need heat, heat improves my conditions. I explained that like most illness you have good days and bad days. The video they showed me was only a small moment of filming, on different days, 10 mins max.

I'm not walking in any of the videos, I'm not doing anything concerning. From the interview I got the impression they need to fallow up a complaint (given to them by someone who has conflict with me) and they have tried to justify their actions

xsazax

Out of interest, may I ask which rate of Mobility component of PIP you where awarded ?

Thanks

sassy_one

If you are able to do those things you were questioned about, 4 days in a row day after day and are in receipt of Mobility, I'd be questioning your right to entitlement too.

And I take my findings from the information we know to be true from your posts.
You've completed actions 4 days in a row, and there are people wheelchair bound who've been unsuccessful in getting mobility. 
That begs the question to how the facts play out.

You say you are entitled to it, but it's not for you to say.
It's for your conditions to be established and reviewed to how a DM or Tribunal would find in those conditions.

Anyway, for the record your neighbour reporting you wouldn't start this process, and certainly not that fast.
They are well aware of malicious reports and wouldn't jump on that without first reviewing other information on you.

I'd therefore base my opinion on you are not entitled to the rate you are currently on and I'd at very least be expecting to be called in for a review and another medical, again, in my opinion I'd agree with that happening to you.

Spoonie_Turtle

sassy-one said:

If you are able to do those things you were questioned about, 4 days in a row day after day and are in receipt of Mobility, I'd be questioning your right to entitlement too.

And I take my findings from the information we know to be true from your posts.
You've completed actions 4 days in a row, and there are people wheelchair bound who've been unsuccessful in getting mobility.

Where did they say 4 consecutive days?

Even if they were consecutive, you do know that with variable conditions, they can fluctuate by the hour, by the day, by the week, by the month? OP may have been having a good week, or they may even have three good (warmer) months out of the whole year with the other nine being awful. You simply don't know OP's situation, you don't know the aftermath of having done those activities, and to judge the whole of their entitlement on snippets of 4 days is patently ridiculous.

sassy_one

Four days were mentioned in the updated post by the OP.
They stated the evidence obtained was of 4 days of activity during July.
By going on the basis of an investigation and details I understand how those type of surveillance operations are carried out, it would be over 4 days in a row, as this would be more beneficial then returning a week or so after.

I stand by what I said, if someone is able to do the activities they have been observed carrying out, they are not entitled to mobility of Pip.
I'd suggest you read the descriptiors of PIP, you'll soon see how I come to that finding.

I may be wrong, but in my view, I stand by it.
Spoonie_Turtle said:

sassy-one said:

If you are able to do those things you were questioned about, 4 days in a row day after day and are in receipt of Mobility, I'd be questioning your right to entitlement too.

And I take my findings from the information we know to be true from your posts.
You've completed actions 4 days in a row, and there are people wheelchair bound who've been unsuccessful in getting mobility.

Where did they say 4 consecutive days?

Even if they were consecutive, you do know that with variable conditions, they can fluctuate by the hour, by the day, by the week, by the month? OP may have been having a good week, or they may even have three good (warmer) months out of the whole year with the other nine being awful. You simply don't know OP's situation, you don't know the aftermath of having done those activities, and to judge the whole of their entitlement on snippets of 4 days is patently ridiculous.