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Under caution interview

petulerose

hi to keep this brief I have Spina Bifida & treatment for breast cancer. A malicious phone call in Aug 17 resulted in being interviewed in Aug 18 iuc. (Cctv footage gathered by dwp) Received letter from pip benefit suspended without right to appeal jan 19. no explanation from dwp. I have medical evidence to prove my condition changes. Doctors documents supported my application for pip. Forms filled in by welfare rights. My health can change hourly but never improves for any great length of time
What does this mean?
what happens next?
please only practical information I don’t want a debate on you must have done something wrong, because I don’t think I have done anything wrong. I stated this in my iuc I’m not guilty. Thanks

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Comments

poppy123456

Hi,

An internet forum isn't the place to be asking this question because no one knows anything about your case or how your conditions affect you. DWP don't usually suspend a benefit unless they have very good reason to do this.

You're going to need to get face to face expert advice from either welfare rights or a law centre near you. This way you'll be able to give them all your paper work, tell them what's happened and they'll be able to help and advise you correctly.

petulerose

petulerose said:

hi to keep this brief I have congenital Spinal defect & receiving cancer treatment. A malicious phone call in 2017 resulted in being interviewed in 2018 iuc. (Cctv footage gathered by dwp) Received letter from pip benefit suspended without right to appeal jan 2019. no explanation from dwp. I have medical evidence to prove my condition varies.

what happens next? Will I received a letter telling me why my pip has been suspended? If so how long does it take to be informed? And then what?

im sure someone on this forum has faced a similar situation
Thanks

Yadnad

petulerose said:

hi to keep this brief I have Spina Bifida & treatment for breast cancer. A malicious phone call in Aug 17 resulted in being interviewed in Aug 18 iuc. (Cctv footage gathered by dwp) Received letter from pip benefit suspended without right to appeal jan 19. no explanation from dwp. I have medical evidence to prove my condition changes. Doctors documents supported my application for pip. Forms filled in by welfare rights. My health can change hourly but never improves for any great length of time
What does this mean?
what happens next?
please only practical information I don’t want a debate on you must have done something wrong, because I don’t think I have done anything wrong. I stated this in my iuc I’m not guilty. Thanks

The only thing that I can think of is that when completing the PIP2 and whilst giving evidence at the face to face assessment you didn't make it clear that the impact is variable day to day, hour to hour.

stree

I think Yadnad has probably identified the issue:

Many people still think that a batch of appointment letters, a diagnosis and a list of meds is proof enough when in fact it is the effect of the condition on your life that is the criteria, the aforementioned is merely to confirm the condition (and its severity) exist.

I will stress once again that a daily or weekly diary of how your condition affects you is invaluable for giving the assessor a clearer picture of your circumstances.

Yadnad

stree said:

I think Yadnad has probably identified the issue:
Many people still think that a batch of appointment letters, a diagnosis and a list of meds is proof enough when in fact it is the effect of the condition on your life that is the criteria, the aforementioned is merely to confirm the condition (and its severity) exist.
I will stress once again that a daily or weekly diary of how your condition affects you is invaluable for giving the assessor a clearer picture of your circumstances.

Not just that. If the award is made on the basis that the impact is variable then any future argument that you can be seen to be doing something only means that it was one of those variable days.
Making a claim on the basis of the worst day and getting an award on that basis will in effect mean that you do not have any variations and thus if seen being able to something on that basis may well be seen as benefit fraud.

As an example if you claim to be able to walk 50 metres but for the majority of the days it drops to 15 metres you will be awarded enhanced mobility based on the fact that you cannot walk more than 20 metres. If you are seen walking 50 metres then you are OK - it was one of the better days.

If however you claim that you cannot walk more than 20 metres you will still get enhanced mobility. But if seen walking 50 metres the award was made on a maximum of 20 metres.

stree

Fair point, I can agree with that although it is likely an area that some may well claim the under reporting of distance for fear of being judged more capable than they really are, and will feel especially vulnerable to misinterpretation by the HCP.

Yadnad

stree said:

Fair point, I can agree with that although it is likely an area that some may well claim the under reporting of distance for fear of being judged more capable than they really are, and will feel especially vulnerable to misinterpretation by the HCP.

It all depends on what you put on the PIP2 claim form.
If at a later date it can be used as evidence if you are seen doing something that does not entirely relate to why you were given the award.

I stated that I could walk a mile, but it would take me at least 2 hours, probably 3 hours with stops to recover every 20 metres. Based on what I had said if I was seen walking 1 mile then it would agree to what I reported at the start.
For the first two assessments I received enhanced mobility. The third one they removed everything and I failed to appeal at the time.

stree

Ouch. A bit harsh.Hope you eventually got that sorted out.

About 15 meteres is my limit, getting more and more wheelchair and scooter dependent. Chair is transit type, not self powered.

No doubt there will be an HCP out there that could reinterpret that though, sadly.

OP states that that Welfare Rights filled in the forms, perhaps the issue lies there? I prefer to do my own but that is not possible or best for everyone, but the more people in the mix the more chance of error.

Whoever fills the form in they must always be double checked.

Yadnad

stree said:
OP states that that Welfare Rights filled in the forms, perhaps the issue lies there? I prefer to do my own but that is not possible or best for everyone, but the more people in the mix the more chance of error.
Whoever fills the form in they must always be double checked.

That's the problem especially with some advice agencies.
They fill out the form whilst asking you questions, they get you to sign it and they then take it off you for them to post.

You would assume that what has been written is correct in every way, but signing it without reading the full contents is a very dangerous thing to do.
Likewise most agencies keep a copy of the completed form, but do not give the claimant a copy.

That can cause problems as you have no idea what is on the form and have no means of looking for a copy.

stree

Good point. For both my ESA and PIP assessment I had a copy of the forms on my knee to refer to what I had written. Perfectly acceptable to both HCPs.