PIP, DLA and AA
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Pip interview under caution

suzieq132suzieq132 Member Posts: 32 Connected
edited December 2018 in PIP, DLA and AA
I could not believe the way that they shouted at me, compared my disabilities to steven hawking and people who had lost limbs. I don't think it was appropriate to compare those things. Anyhow they have taken my car and my money so housebound I am now which is a bit of a relief as I've been trying and struggling to get better against doctors orders. I didn't go anywhere other than doctors and specialist anyhow so I  just won't be able to go there anymore. My conditions are fibromyalgia acute asthma COPD hypertension type 3 memory loss accrue anxiety depression and ptsd and possible EDS which I won't be able to continue being looked into for this. 

Replies

  • YadnadYadnad Posts: 2,856 Member
    Were you not legally represented at the interview? You have the same rights of representation as you would if in police custody although you would have to fund the former yourself.

    I presume that the DWP are now looking over the 'evidence' they have and will contact you in due course as to what will happen, if anything.

    They stop your benefits for one simple reason - if it is found later that you were not entitled to the benefit you will have a much smaller overpayment to repay.

    If they continued to make the payments whilst deciding what to do then they would have a much bigger problem trying  to get it back from you if you were not entitled.

    It is a waiting game unfortunately.


  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Ask CAB or similar, or local authority welfare rights for advice.  You can make a new claim for PIP anytime.  PIP is for how your disabilities affect your daily living and mobility not for the conditions themselves.  Disabilty Rights site has a good guide to claiming PIP.
  • suzieq132suzieq132 Member Posts: 32 Connected
    Yeah I couldn't afford legal representation and cab were awful told me that I would have to pay back a huge amount (emphasising the huge) without knowing any of my information. I was just disgusted by the way she spoke to me and compared disabilities like that. Thank you for your reply and have a lovely Christmas xx
  • suzieq132suzieq132 Member Posts: 32 Connected
    Cab and welfare rights said they could only help if it went to court x
  • suzieq132suzieq132 Member Posts: 32 Connected
    I just thought it was disgusting how I was spoken to. Also I went with my mother and she was told to shut up. I hope no one else was spoken to in this way it's very degrading. x
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited December 2018
    Yes you should not have been treated like that.  Not all disabled people are in wheelchairs.

    Think about reapplying.

    Merry Christmas and a Happy New Year.
  • mikehughescqmikehughescq Member Posts: 6,001 Disability Gamechanger
    When was your PIP IUC and did you go alone? What was the actual outcome? Is there just a recoverable overpayment or is there a threat of prosecution too. Have a look at https://advicelocal.uk/ for advice and representation in your area. Most IUCs are just information gathering exercises used to persuade people to drop their claims in circumstances when it’s often not clear cut at all.
  • suzieq132suzieq132 Member Posts: 32 Connected
    Pip iuc  was 24th November and they only had two weeks footage (My back had been out for the month before that) only going to petrol station and the park (I don't go anywhere else)she also said look at you sitting on the floor and I said yes I felt faint. She told me I should have sat on the bench lol. I told her I was in hospital after this for 12 hours diagnosed with hypertension type 3 and the doctors said they thought I was going to have a stroke hence the 12 hours. She said shut up about the hospital. It was a bit of a farce tbh I hope no one else gets this. Merry Christmas xxx
  • mikehughescqmikehughescq Member Posts: 6,001 Disability Gamechanger
    So what was the outcome?
  • suzieq132suzieq132 Member Posts: 32 Connected
    No money or car while they make their decision. It'll be quite nice to be housebound after crazy Christmas. 
  • mikehughescqmikehughescq Member Posts: 6,001 Disability Gamechanger
    Ah right. So it was speculative information gathering with benefit suspended in the meantime. No threat of prosecution and no invitation to drop the claim to avoid prosecution. 
  • suzieq132suzieq132 Member Posts: 32 Connected
    Yes that's exactly what it seems to be. What does it mean?
  • mikehughescqmikehughescq Member Posts: 6,001 Disability Gamechanger
    It means just that. They’ve done an IUC to gather information which they’ve passed to a DM to make a decision. 

    In the meantime they’ve suspended benefit in order to minimise the chance of further overpayment on that basis that a question has arisen about your entitlement. Note that because it’s suspended rather than stopped you have no right to an MR until they make an actual decision. 

    As it’s been nearly a month since your IUC I would suggest you wake them up with a letter before action requesting they make that decision. 
  • suzieq132suzieq132 Member Posts: 32 Connected
    Only received the letter telling me it's suspended on Friday, you've been very helpful Michael, thank you. 
  • suzieq132suzieq132 Member Posts: 32 Connected
    Also , just curious, if they take the car and then decide that I need it do I get the same car back? I only have 12 months of pip left before I have to re apply?
  • mikehughescqmikehughescq Member Posts: 6,001 Disability Gamechanger
    You need to talk to Motability. There are a number of options. 
  • suzieq132suzieq132 Member Posts: 32 Connected
    I'll phone them now. Thank you Mike you've been extremely helpful merry Xmas xx
  • mikehughescqmikehughescq Member Posts: 6,001 Disability Gamechanger
    And to you and yours. 

    Final thought. You have a right to the written transcription of the IUC recording. These things are often shambolic and often don’t comply with the PACE guidelines. https://www.gov.uk/guidance/police-and-criminal-evidence-act-1984-pace-codes-of-practice

    Always worth getting a written copy now ready for a challenge further down the line. Also immensely useful for a welfare rights adviser to help you challenge any subsequent decision. 
  • suzieq132suzieq132 Member Posts: 32 Connected
    Thank you  so much I've just been for an xray I'm assuming they've asked for evidence of my lungs xxx
  • suzieq132suzieq132 Member Posts: 32 Connected
    Quick update, I've been given 8 weeks courtesay with my car but I've just spoken to pip who said it only went to decision makers on Friday and could take 12 weeks from there  I asked for the written manuscript and pip said I can't have one unless I need a mandatory reconsideration  
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