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TOPIC: My Story Falure to dsiclose medical Improvement

My Story Falure to dsiclose medical Improvement 9 years 4 months ago #5367

  • Ron22
Let me tell you a story in which I have been subjected as far as I am concerned by a witch hunt by the DWP – DLA.
My background is that I have been involved as a legal adviser for some years some of those cases involved quite successful cases against the DWP. Indeed a number of stories were run in the press resulting in official apologies.

Unfortunately my health deteriorated and I was unable to work for some time – This related to both physical and mental health issues.

In 2003 I made a claim for DLA. I was visited by their Doctor who provided a report and on the basis of the report I was awarded DLA. This was due to in the main the mental health issues. However between the Claim and the Doctors visit I did manage to obtain employment but my condition had simply not improved. I worked from home at this stage.
I then obtained a job working away from home. It was quite honestly impossible to cope and I then obtained employment locally from 2005. However prior to this in 2005 I suffered an injury at work and I now suffer the effects of a prolapsed disc.
My claim had to be renewed in 2005. I submitted the claim and was awarded Middle Rate Care and higher Rate Mobility. I do have a lot of personal care need w which arise what is now apparent from me suffering form post traumatic stress disorder from the effects of an emotional abusive relationship. However at the tie it appeared this was simply depression and it was only after finally getting an appointment with a clinical psychologist that the forma diagnosis was made. This means needs of prompting in relation to washing and bathing, getting dressed, taking medication and therapy, communication (concentration problems) in similar issues.
I continued to work in the advice/legal sector.
In late 2006 I was contacted by the Fraud Investigation Service requiring me to attend for an interview under caution. They knew I was a person who had mental health issues but foolishly I did not attend with a solicitor. However I am aware that a person who is mentally vulnerable an appropriate adult should have been appointed and present under Code C of PACE. This never occurred nor was any suggestion made of this. I was essentially very agitated and towards the end of the interview I became extremely agitated screaming at the interviewers that I could not take any more of it and then ended up also having an asthma attack.
The issue was then considered by DLA who caused supersession from the date I commenced work on the basis I had failed to disclose a change in circumstances namely an improvement in my medical condition. Now this was news to me in that my medical conditions had in fact deteriorated in this period. I appealed this decision.
The appeal was heard in May 2008 but shortly before the appeal hearing I was then given a summons to appear in the Magistrates Court for failing to notify a change in circumstances namely an improvement in my medical condition.

I lost the appeal. My then GP was hopeless and in effect could not be bothered to go through the medical records and even got the year wrong when I first was diagnosed with the mental health conditions. The Tribunal in fact decided I was not entitled to benefit from day 1 and not just when I started work and found that the work was incompatible with an award of dla. They decided tat there had not been any change of circumstances. However they never took into account the DLA medical report in their decision. Interestingly this was a Tribunal which was three female members.

I now face a trial on this case. I have elected trail at the Crown Court but my condition as just got worse and worse due to this. The whole situation has exacerbated my mental health condition.
I am not seeking advice necessarily but just wanted to give you all a little insight into my story. If you want more information I can provide it to you. However I just feel that I have been completely persecuted because I had the audacity to work. It has always taken me a great effort to wok since 2003 but felt at least I was making a contribution to society and helping others but it seems that as I was involved in the advice and legal sector this was not liked. I would add that a letter was sent in relation to this when I started to work.

Re:My Story Falure to dsiclose medical Improvement 9 years 4 months ago #5382

Im sorry to hear of your troubles and wish you luck in your forthcoming battles. There certainly feels to be a dichotomy regarding the government enabling disabled people to access work and the assumptions made about those disabled people who do work - disabled people are able to work if adjustments are made but if you are able to work you are not, therefore, disabled.:unsure:

It certainly feels like disabled people are criminalised whichever way they turn.

Your GP certainly doesnt sound very supportive, perhaps there is a different GP within that practice or within your area that might be more supportive.

"Interestingly this was a Tribunal which was three female members."....

You lost me on this ^^ point though.

Re:My Story Falure to dsiclose medical Improvement 9 years 4 months ago #5383

sorry to hear your prob, so was you claiming incapacidy benefit with the sevre disabled benfit alone side housing/ council tax benefit as well as dla ?. because i was lead to believe that you could claim dla and do work in certain situations.

Re:My Story Falure to dsiclose medical Improvement 9 years 4 months ago #5393

  • Ron22
Thanks for your kind response and I agree with all what you said.

The point about three women on member tribunal is that the health conditions arose from emotional domestic violence and it seemed the perception of the Tribunal that this could not be perpetrated b a woman. It is that domestic violence which created the Post Traumatic Stress Disorder.
have changed my GP - which I should have done previously and this GP is much more helpful and supportive.

Re:My Story Falure to dsiclose medical Improvement 9 years 4 months ago #5394

  • Ron22
Oh I was only receiving DLA. Once I started work I informed incapacity benefit etc of that fact and obviously that all ceased.

They tend to dress it up. They say the declaration requires notification of 'any' change. However what does 'any' mean if you take it to its literal conclusion?

They say it is not working itself which disentitled me but the nature of the work which they say is incompatible with receiving dla. – I could understand this in certain situations.

Thanks for your support.

Re:My Story Falure to dsiclose medical Improvement 9 years 4 months ago #5403

wel if you told ib dept and council tax depts you should of informed the dla, apperently there is a scheme where you can try work but if it does not work out health issues you can revert your claim back to it original state not sure abot the time lapse though... good luck with your on going situation...... yes your right though these agencies do have a habit of singling certain folk out for Special attention......... all the best..
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