- Posts: 5
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- How do I get the right advice/help/solicitor?
× Members
How do I get the right advice/help/solicitor?
- Spanasog
- Topic Author
- Offline
Less More
6 years 7 months ago #195824 by Spanasog
How do I get the right advice/help/solicitor? was created by Spanasog
Hi,
After being medically retired with a spinal injury over 20 year ago and being on IB and DLA since that time I now find myself being investigated for benefit fraud. In a nutshell I was interviewed under caution over a year ago and then in May this year was sent the DWP decision which is that they have determined that my condition has dramatically improved. Their evidence is some surveillance footage and a gym application from 09/12. They have decided to use this date as the date from which I now owe them all of my previously awarded DLA. This is nearly £15,000!!!
I am vehemently opposing this decision but am left not knowing what will come first the appeal (I have already passed the MR phase) or the criminal trial.
I have contacted my local CAB (Cumbria) who have said that they will assist me with the appeal but that I should get a solicitor for the fraud side as that may come first. They also said that if I'm lucky to have the appeal first and win then the fraud/court proceedings will not go ahead. I am now in a situation where I cannot find a solicitor who has in depth welfare benefits knowledge and I feel that without this I am not properly represented. Can anyone advise how to proceed please?
Many thanks,
K
After being medically retired with a spinal injury over 20 year ago and being on IB and DLA since that time I now find myself being investigated for benefit fraud. In a nutshell I was interviewed under caution over a year ago and then in May this year was sent the DWP decision which is that they have determined that my condition has dramatically improved. Their evidence is some surveillance footage and a gym application from 09/12. They have decided to use this date as the date from which I now owe them all of my previously awarded DLA. This is nearly £15,000!!!
I am vehemently opposing this decision but am left not knowing what will come first the appeal (I have already passed the MR phase) or the criminal trial.
I have contacted my local CAB (Cumbria) who have said that they will assist me with the appeal but that I should get a solicitor for the fraud side as that may come first. They also said that if I'm lucky to have the appeal first and win then the fraud/court proceedings will not go ahead. I am now in a situation where I cannot find a solicitor who has in depth welfare benefits knowledge and I feel that without this I am not properly represented. Can anyone advise how to proceed please?
Many thanks,
K
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51048
6 years 7 months ago #195857 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic How do I get the right advice/help/solicitor?
Kez
Have a look at the following.
www.gov.uk/government/publications/direc...-legal-aid-providers
Gordon
Have a look at the following.
www.gov.uk/government/publications/direc...-legal-aid-providers
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Spanasog
- Topic Author
- Offline
Less More
- Posts: 5
6 years 7 months ago #195871 by Spanasog
Replied by Spanasog on topic How do I get the right advice/help/solicitor?
Hi Gordon,
Thanks for the reply. Unfortunately it isn't really what I was asking for. I have legal aid solicitors near me but non of which have welfare benefits/social security in depth knowledge. in any case I don't qualify for legal aid so will be funding privately. I was wondering if anyone had had a similar experience with finding themselves in court before actually getting to their appeal tribunal? And if so are there solicitors/barristers out there that specialise in this area?
Thanks again,
Kez
Thanks for the reply. Unfortunately it isn't really what I was asking for. I have legal aid solicitors near me but non of which have welfare benefits/social security in depth knowledge. in any case I don't qualify for legal aid so will be funding privately. I was wondering if anyone had had a similar experience with finding themselves in court before actually getting to their appeal tribunal? And if so are there solicitors/barristers out there that specialise in this area?
Thanks again,
Kez
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51048
6 years 7 months ago #195873 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic How do I get the right advice/help/solicitor?
Kez
The list I linked to should either have Social Security law experience or be able to recommend someone who does.
I need to make you aware that we are extremely limited in the advice that we can give on the forum as you have indicated that your case is now subject to court proceedings, I'm afraid this includes answer from other members.
There are issues of Sub Judice and it may hurt your case if you reveal information about it on forums such as B&W.
Gordon
The list I linked to should either have Social Security law experience or be able to recommend someone who does.
I need to make you aware that we are extremely limited in the advice that we can give on the forum as you have indicated that your case is now subject to court proceedings, I'm afraid this includes answer from other members.
There are issues of Sub Judice and it may hurt your case if you reveal information about it on forums such as B&W.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Spanasog
- Topic Author
- Offline
Less More
- Posts: 5
6 years 7 months ago #195878 by Spanasog
Replied by Spanasog on topic How do I get the right advice/help/solicitor?
Hi Gordon,
I'm really sorry but when I initially opened the link it only showed me the alphabetical list of firms and not the side section which indicates welfare benefits experience. I've now managed to get the whole download and it is invaluable to me at this moment. It not only clearly states companies with 'welfare benefits' experience but possibly even more importantly shows ones that do not.
Thank you so very much for this as it is exactly what I was looking for but couldn't find!
Kind regards,
Kez
I'm really sorry but when I initially opened the link it only showed me the alphabetical list of firms and not the side section which indicates welfare benefits experience. I've now managed to get the whole download and it is invaluable to me at this moment. It not only clearly states companies with 'welfare benefits' experience but possibly even more importantly shows ones that do not.
Thank you so very much for this as it is exactly what I was looking for but couldn't find!
Kind regards,
Kez
The following user(s) said Thank You: Gordon
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris