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will i go to prison ?

jaxbjaxb Member Posts: 10 Listener
i have been in receipt of PIp for 4 years after ny pain clinic advised it. I have several conditions - I’ve had spine operations twice to kill nerves on facet joints to stop pain of disintegrating joints.  I had a disasterous stomach operation which caused me to get Fibromyalgia and diverticulitis which then brought about chronic pain syndrome .  I also now have arthritis and other conditions caused by the bad operation.  My facet joints are still disintegrating but no more can be done. i also now have severe depression and anxiety .  However prior to all this i ran successful nightclubs etc . Going from a successful and amazing life to this has been awful and i tried to hide how bad i felt from the world .  Long story shortened - i was awarded full PIP by several different assessors over the years .  They now say - because someone reported me for not being disabled and they the dwp videod me secretely and saw me once going through drive thru, and also i took on lease for pub and put in manager so i would have an interest in that industry which i did for 33 years - they say i am not entitled to pip - are coming to take car next week, and possibly doing me for fraud for 4 years ????   I haven’t lied - i have these illnesses but i do have days (maybe 3 a month ) that if i take enough meds etc i can act normal - ish .  I am a expert hider of pain as i feel a failure -  am i going to prison for fraud ??   i’m terrified , i’ve not got out of bed since nov and i don’t know what to do anymore . They are coming on thursday to discuss the pip overpayment - but i am entitled to it ???  my brain won’t allow me to go over the bundles of paperwork they’ve sent - so it’s sll going against me . 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I'd advise you to get expert advice from welfare rights or a law centre for this. It's impossible to give any advice on an internet forum because no one here knows anything about your case.
    This link will tell you what's available in your area.https://advicelocal.uk/

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • jaxbjaxb Member Posts: 10 Listener
    thank you - there is no law service in area only london it says . Just wondered if anyone else been through this process - why would they come to house to discuss overpayment .  It’s like it’s a cut /dried case but my brain won’t work enough to fight this 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They must have more evidence than you just driving through a drive through. They won't just stop your PIP with just this evidence. It's extremely difficult to give any advice because no one knows your case or any details about it. You would be able to compare your case to someone else either because it wouldn't be the same case.

    Scope have a disability helpline, i'd advise you to ring them for advice. Here's the link with the contact details. https://www.scope.org.uk/About-us/contact-us/helpline

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • jaxbjaxb Member Posts: 10 Listener
    They think i managed the pub . anyway thank you - will keep trying to get help 
  • YadnadYadnad Posts: 2,856 Member
    back in the 70's and 80's prison was always on the cards when it came to theft from the government purse.

    Now and unless it is a very serious amount of money involved, that the fraud went on for some years and it was a meticulously planned operation then it is highly unlikely that you will see the inside of any prison.

    Mind you, and it depends on the type of lifestyle you currently enjoy, some prisons - Cat C & open, have a regime that actually is better than some hotels!
  • jaxbjaxb Member Posts: 10 Listener
    thank you for your comment .  The main thing i’m accused of is not letting them know of any change - however with my disabilities every day is different and depends on how much meds i take too. 4 years of high pip is a lot of money - but if i had to phone then every day to tell them i managed to get out or move more than othrvdays it’s impossible as i understood on filing out these forms that you base it on your worst days - they say this is not correct 
  • YadnadYadnad Posts: 2,856 Member
    edited January 2019
    What is important and hopefully that you did, explain on the PIP2 (claim form) that your disabilities are variable and for most of the days you could not carry out the activity for which you received points for.
    Doing that effectively says that you will have good days, but not many, when you are more able to operate at a higher level - they recorded you on those good days simply by chance.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yadnad is absolutely correct here. When you first claimed PIP if you had based your application on your worst day and your condition fluctuates then it will cause you problems. DWP have been watching you and see that you're moving around and doing everyday things on your good days. If you told them you have no good days then this could be classed as fraud.

    This is the very reason why when filling out forms you should never base it on your worst day.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • jaxbjaxb Member Posts: 10 Listener
    Thank you.   I based it on my worst days - a very huge lesson learned .  My forms were completed by assessors on home visits - but still - i’m not going to get better, there are no cures for my disabilities - i just hope they offer my meds in prison :((( 
  • jaxbjaxb Member Posts: 10 Listener
    the sad thing is i wish what they accuse me off is correct - i would give anything to be able to do everything , plan days out , get my career back, and not be a burden .  Prior to these disabilities caused by medical negligence , i had an amazing life .  If they say i am better then maybe i can get my life back !!!!  
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Because you based your claim on your worst days and someone has reported you, DWP have got evidence of you on your good days. PIP is how you are on 50% of the days over a 12 month period.

    You'll have to pay any over payment back and you could possibly receive a fine on top but i'm not sure about anything else other than you really do need to get some expert advice regarding this. There's only so much people can advise on an internet forum.

    Have you rang that number in the link i posted?
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • jaxbjaxb Member Posts: 10 Listener
    thank you / i have now tried the number 4 times but it’s on hold for too long that my hand can’t hold it.  I have emailed them 
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