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Investigated for what was stated on the DLA form ?

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12 years 8 months ago #64150 by Doris
A person at my pain clinic submitted a DLA claim last year for both mobility and care. They were only awarded the care component of DLA, but have since been the victim of a tip off to the DWP and been investigated.

It appears the DWP followed them and are claiming they falsely attempted to claim the mobility portion because they stated on the form they could only walk 30 metres. I can see the logic in one way, but thought it would be wasting DWP resources following people to see if they can walk longer than was stated when they wasn't in receipt of any mobility award ? Or am I missing something.

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  • originaldave
12 years 8 months ago #64167 by originaldave
Doris wrote:

A person at my pain clinic submitted a DLA claim last year for both mobility and care. They were only awarded the care component of DLA, but have since been the victim of a tip off to the DWP and been investigated.

It appears the DWP followed them and are claiming they falsely attempted to claim the mobility portion because they stated on the form they could only walk 30 metres. I can see the logic in one way, but thought it would be wasting DWP resources following people to see if they can walk longer than was stated when they wasn't in receipt of any mobility award ? Or am I missing something.


regardless of the award being made it was claimed so if the claim was false then the laws been broken... that said i have never heard of an investigation being made when no award given unless there is also an IB or ESA claim with the same information on

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12 years 8 months ago #64174 by Doris
originaldave wrote:

Doris wrote:

A person at my pain clinic submitted a DLA claim last year for both mobility and care. They were only awarded the care component of DLA, but have since been the victim of a tip off to the DWP and been investigated.

It appears the DWP followed them and are claiming they falsely attempted to claim the mobility portion because they stated on the form they could only walk 30 metres. I can see the logic in one way, but thought it would be wasting DWP resources following people to see if they can walk longer than was stated when they wasn't in receipt of any mobility award ? Or am I missing something.


regardless of the award being made it was claimed so if the claim was false then the laws been broken... that said i have never heard of an investigation being made when no award given unless there is also an IB or ESA claim with the same information on



It's food for thought when completing DLA / ESA forms.

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  • millymoo
12 years 8 months ago #64900 by millymoo
The mind boggles!!!! how many times do we push ourselves to walk further than we can and suffer for it afterwards. This person is obviously in a great deal of pain to be at the pain clinic in the 1st place. It really makes me cross :angry: that people who are not in pain can judge how much pain we are in. I know that past 30 metres i am pushing myself on the outside i may look ok but inside my body is screaming out in pain!

Big hugs
Mm :) xx

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12 years 8 months ago #64917 by davewood
Are we to be afraid of being following by the DWP!! I am in receipt of a bog standard letter in reply to a renewal of my DLA1A form. A decision-maker says, "I can walk over 50 metres, slowly in a reasonable manner. You are not unable to walk or virtually unable to walk". This means you are not entitled to higher rate mobility.

My argument is that without a Carer I cannot walk on my own. Isn't that what "virtually unable to walk" means you would benefit greatly with assistance and isn't that what the money is given for. It makes a huge difference to a person's life - otherwise many people will be house-bound and therefore unable to walk.

Similarly they also say I do not need help during the Day and Night despite my Dr saying the opposite although they do admit I need help with cooking etc. the lower rate personal care. How is that the tasks I have difficulty in the bathroom are assumed to be any different than problems I have in the kitchen e.g. twisting tops of bottles, getting into the bath etc. Isn't it possible for a decision-maker to use common-sense! (having little help for someone with severe arthritis sounds a bit Dickensian to me!).

Whilst I am able to walk with a Carer I certainly will find it difficult if not impossible to use buses etc without one. if I do not have access to a vehicle. (Now my higher rate mobility has been taken away).

Does the decision-maker automatically assume that someone with severe RA can walk normally compared to someone who does not have this diagnosis. So I now have to fill out another GL24 form to get a more detailed explanation, get a written statement and Appeal (again) in order to get my message cross. I still have an appeal outstanding since May 2009 so back to square 1.

I am also in the process of complaining about the EMP report. I am annoyed that though I mentioned it several times during my medical - he failed to mention that I could not do most tasks without a Carer.

If a DWP followed me would they take the unpredictable nature of arthritis into consideration e.g. that 4-5 days a week I need rest/sleep to make it possible to walk at all - to attend one or two hospital appointments a week. If they see you walking does this automatically mean you lose your benefit!! I am also very confused??

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  • bro58
12 years 8 months ago #64925 by bro58
rockingglass wrote:

Are we to be afraid of being following by the DWP!! I am in receipt of a bog standard letter in reply to a renewal of my DLA1A form. A decision-maker says, "I can walk over 50 metres, slowly in a reasonable manner. You are not unable to walk or virtually unable to walk". This means you are not entitled to higher rate mobility.

My argument is that without a Carer I cannot walk on my own. Isn't that what "virtually unable to walk" means you would benefit greatly with assistance and isn't that what the money is given for. It makes a huge difference to a person's life - otherwise many people will be house-bound and therefore unable to.

Similarly they also say I do not need help during the Day and Night despite my Dr saying the opposite although they do admit I need help with cooking etc. the lower rate personal care. How is that the tasks I have difficulty in the bathroom are assumed to be any different than problems I have in the kitchen e.g. twisting tops of bottles, getting into the bath etc. Isn't it possible for a decision-maker to use common-sense! (having little help for someone with severe arthritis sounds a bit Dickensian to me!).

Whilst I am able to walk with a Carer I certainly will find it difficult if not impossible to use buses etc without one. if I do not have access to a vehicle. (Now my higher rate mobility has been taken away).

Does the decision-maker automatically assume that someone with severe RA can walk normally compared to someone who does not have this diagnosis. So I now have to fill out another GL24 form to get a more detailed explanation, get a written statement and Appeal (again) in order to get my message cross. I still have an appeal outstanding since May 2009 so back to square 1.

I am also in the process of complaining about the EMP report. I am annoyed that though I mentioned it several times during my medical - he failed to mention that I could not do most tasks without a Carer.

If a DWP followed me would they take the unpredictable nature of arthritis into consideration e.g. that 4-5 days a week I need rest/sleep to make it possible to walk at all - to attend one or two hospital appointments a week. If they see you walking does this automatically mean you lose your benefit!! I am also very confused??


Hi RG,

I do not feel that the DWP observing a claimant walking once or twice would be classed as damning evidence, as you have The Repeatedly Reliably and Safely aspect.

This is why when you see these programmes on TV re : catching out "Benefit Cheats", you will note that they have filmed the claimant over a 2 to 3 week period , sometimes longer, to gain enough evidence to stop the benefit, and prosecute.

cheers

bro58

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