DLA/Working as Occupational Therapist

Hooley101

Hi all
Two years ago I used to work 30 hours as an occupational therapist for the NHS.  I was badly bullied by management and suffered major ill health as a result of this.  Management would not make additional reasonable adjustments to allow me to return to work.  While I was off sick I received a letter from the DWP wanting me to attend an interview under caution.  My son employed a solicitor and told me to collate all my paperwork.  I attended the interview which was arranged by my solicitor locally although they wanted me to go to them approx 20 miles it seems they had received an annonamous tip from someone at work as it was all work related.  The DWP thought I fraudulently claimed the mobility part of DLA and shouldn't have been able to do my job.  It was deemed by my solicitor that I required an appropriate adult (as)  months went by as I attempted to find such a person.  Eventually I found a lovely one we all went to another meeting me the as and the solicitor.  This meeting didn't take place dispite having the aa as I was deemed to unwell I had to submit a letter from my GP stating this and I had to put my statement in writing 10 pages! I had supporting evidence of my continued Ill health from my CFS/ME specialist nurse, my husband son and work colleague.  I was told after a total of 10 months of hell that the DWP were not going to take any action as my condition was variable!  Although it is over and I have the DWP email forwarded by my solicitor I should have thought at the very least they could manage to put the outcome in writing to me.  I just wanted you all to know that if someone has it in for you this is what you get.  In my case I know it was the management that did this to me.  I have retired now and although at first I used to love my job and I have much less money I am much better off not working for the NHS.
Have a good evening all.
Hooley

wilko

Hello the reason the NHS wrote, emailed your legal team and not yourself is maybe as you had legal representatives as your agents , mouth peice so to say and all corespondance went via the legal team. There is to much bullying taking place in the work place for one reason or another and there has to be a way employees can report and get redress for the agrirvation and ill health that results form such action. HR at these should be able to investigate any such claims with recourse to the person or persons bring the complaint.

Hooley101

Unfortunately HR do very little as in my case the management were in their pocket.  Therefor there is knowhere to go.  I had a great union rep but I had to  employ him from a union outside the hospital I worked in as the reps too  are in management pocket this is sadly the situation within most NHS  trusts and  I personally know many people it has happened to.  My solicitor  has requested a conclusion in writing.

mikehughescq

There is no decision in the legal sense to communicate. You were getting DLA. You don’t mention them suspending entitlement as part of the investigation but that’s the most they would have done on the basis that “a question has arisen as to entitlement”. A decision to suspend is discretionary and carries no right of appeal. 

Once the investigation concludes the suspension is lifted. Your DLA resumes. There’s no DLA decision to communicate. The original decision awarding DLA has never been touched. Benefit was suspended. It has been unsuspended. If benefit was not suspended then there’s even less to ask them for. 

As your benefit remains in payment there’s no meaningful or obvious purpose in asking them for some statement.