- Posts: 1
× Members
ESA working in claim in receipt
- Kyte
- Topic Author
- Offline
Less More
1 year 10 months ago #277824 by Kyte
ESA working in claim in receipt was created by Kyte
Hi all,
It has taken me awhile to write this as my brain fog is at a high the last few day as well as my pain levels, so please exuse any spelling mistakes etc (spell check has helped but i might of missed a few)...
Has anybody been in the situation where you have received a letter inviting you interview under caution from DWP?
Its regarding an ESA claim and working in receipt. My claim is an on going one on the old system and the only benefi that i have been claiming since 2013. I was informed recently that i should also be claiming PIP( i was told about it in 2017, but i cant remember what happened with that( i only know this because i bought a course on here that im sure i didnt get to use due to my fuzzy memory, i forgot i had it), i spoke with disability direct recently about whether i was entitled to it and then the PIP claim line and was told a form would be sent out to me but instead i recieved a letter asking me to atend an interview under caution.
This has got me quiet worried and scared(which isn't helping my illness and my symptoms). My memory most of the time times is fuzzy(which is overwhelming, and distressing)which comes both from my diagnosis of fibromyalgia and my auto immune illness (NMO), stress, fatigue and chronic pain is some of the main characters of both illnesses but this this situation has made it SO MUCH more harder and isn't helping at all.
In the letter it states that i could bring legal representation like a solicitor but im unsure how to go about that, is there solicitors that specialise in these kinds of situations, its costs( that im not able to afford as I'm on ESA) etc.
I'm feeling very bullied and pressured into attending this meeting as it states if i don't attend my benefit will be stopped and they could take legal action, the worse outcome being a prison sentence. As my illnesses are viewed as invisible illnesses( my disabilities are noticeable by the naked eye) im constantly pushed to prove that these are classed as disabilities and that im entitled to what im claiming.
Its also stating that if found guilty i could face prison. All these threats have triggered my symptoms so much more in the last few days. I'm more stressed, worried and anxious...which then creates for pain, inflammation, sleepless nights, fatigue etc. It doesn't help either that i have to wait until the end of the month in order to attend this meeting.
It also states that i could also bring someone with me like an appropriate adult but even though i feel i could do with having someone there, im too old for an appropriate adult (as i don't think i fit the criteria for one as i dont have a mental health issue or mental health impairment) and i dont have anyone around me that could accompany me to the interview. Does anyone know anyone who might be able o support me in an official capacity?
ANY HELP WOULD BE GREATLY APPRECIATED.
It has taken me awhile to write this as my brain fog is at a high the last few day as well as my pain levels, so please exuse any spelling mistakes etc (spell check has helped but i might of missed a few)...
Has anybody been in the situation where you have received a letter inviting you interview under caution from DWP?
Its regarding an ESA claim and working in receipt. My claim is an on going one on the old system and the only benefi that i have been claiming since 2013. I was informed recently that i should also be claiming PIP( i was told about it in 2017, but i cant remember what happened with that( i only know this because i bought a course on here that im sure i didnt get to use due to my fuzzy memory, i forgot i had it), i spoke with disability direct recently about whether i was entitled to it and then the PIP claim line and was told a form would be sent out to me but instead i recieved a letter asking me to atend an interview under caution.
This has got me quiet worried and scared(which isn't helping my illness and my symptoms). My memory most of the time times is fuzzy(which is overwhelming, and distressing)which comes both from my diagnosis of fibromyalgia and my auto immune illness (NMO), stress, fatigue and chronic pain is some of the main characters of both illnesses but this this situation has made it SO MUCH more harder and isn't helping at all.
In the letter it states that i could bring legal representation like a solicitor but im unsure how to go about that, is there solicitors that specialise in these kinds of situations, its costs( that im not able to afford as I'm on ESA) etc.
I'm feeling very bullied and pressured into attending this meeting as it states if i don't attend my benefit will be stopped and they could take legal action, the worse outcome being a prison sentence. As my illnesses are viewed as invisible illnesses( my disabilities are noticeable by the naked eye) im constantly pushed to prove that these are classed as disabilities and that im entitled to what im claiming.
Its also stating that if found guilty i could face prison. All these threats have triggered my symptoms so much more in the last few days. I'm more stressed, worried and anxious...which then creates for pain, inflammation, sleepless nights, fatigue etc. It doesn't help either that i have to wait until the end of the month in order to attend this meeting.
It also states that i could also bring someone with me like an appropriate adult but even though i feel i could do with having someone there, im too old for an appropriate adult (as i don't think i fit the criteria for one as i dont have a mental health issue or mental health impairment) and i dont have anyone around me that could accompany me to the interview. Does anyone know anyone who might be able o support me in an official capacity?
ANY HELP WOULD BE GREATLY APPRECIATED.
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 8533
1 year 10 months ago #277829 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic ESA working in claim in receipt
Hi Kyte
I'm sorry this has happened to you. This type of letter is the standard one they send out if they believe a claimant has been receiving benefits they were not entitled to for some time. Do not focus on the prison sentence bit, as it is meant to scare people - focus as hard as it is on trying to sort it out.
You probably don't want to speak to the DWP, but you are entitled to ring and ask them to clarify why you have been sent the letter. Mistakes can be made. You need to know exactly what you're fighting against. I know it's scary, but this is not something you can ignore. You can always ask them to delay the meeting - but they don't have to agree, and you would have to provide a reason, such as - getting legal help.
You need to act with some urgency and get a specialist welfare advisor to look at your benefits. You can use the link attached and see if you can find one in your area advicelocal.uk/. Put together every bit of paperwork that you have on your ESA and any notes on any other benefits.
There are specialist solicitors who cover benefits - you will have to google for them and see what help might be available.
You can also write to your MP and see where they could help. Some are helpful in speaking to the DWP.
I hope you manage to get this sorted out.
BIS
I'm sorry this has happened to you. This type of letter is the standard one they send out if they believe a claimant has been receiving benefits they were not entitled to for some time. Do not focus on the prison sentence bit, as it is meant to scare people - focus as hard as it is on trying to sort it out.
You probably don't want to speak to the DWP, but you are entitled to ring and ask them to clarify why you have been sent the letter. Mistakes can be made. You need to know exactly what you're fighting against. I know it's scary, but this is not something you can ignore. You can always ask them to delay the meeting - but they don't have to agree, and you would have to provide a reason, such as - getting legal help.
You need to act with some urgency and get a specialist welfare advisor to look at your benefits. You can use the link attached and see if you can find one in your area advicelocal.uk/. Put together every bit of paperwork that you have on your ESA and any notes on any other benefits.
There are specialist solicitors who cover benefits - you will have to google for them and see what help might be available.
You can also write to your MP and see where they could help. Some are helpful in speaking to the DWP.
I hope you manage to get this sorted out.
BIS
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.
- Gordon
- Offline
Less More
- Posts: 51288
1 year 10 months ago #277832 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA working in claim in receipt
Kyte
As this is now a legal matter we (and this includes members) cannot give you anything other than general advice in reply to any further questions you might have.
Also, please do not post any details that might be related to this matter, for example; the benefits you receive, work you might have done, your savings and assets, a parter, etc. You may unwittingly be providing information that the DWP could use against you, such posts will be deleted without notice.
I know this all sounds harsh but we are trying to protect you and also have a duty to safeguard B&W and the forum.
Gordon
As this is now a legal matter we (and this includes members) cannot give you anything other than general advice in reply to any further questions you might have.
Also, please do not post any details that might be related to this matter, for example; the benefits you receive, work you might have done, your savings and assets, a parter, etc. You may unwittingly be providing information that the DWP could use against you, such posts will be deleted without notice.
I know this all sounds harsh but we are trying to protect you and also have a duty to safeguard B&W and the forum.
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.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David