PIP, DLA and AA
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survalence footage

karenat35karenat35 Member Posts: 15 Connected
edited November 2019 in PIP, DLA and AA
Hi there has anyone had the same experience as myself? Following a report to dhss from an ex friend, after I told her I was too ill to continue to take in her daily orders from Amazon I was filmed by the dwp. The film looks like I can walk normally but due to multiple health problems I can only mobilise for short periods of time ,struggling to keep up with my husband who has severe arthritis but because of severe raynards I cannot hold a stick in cold weather, but that is by the by .
The dvd had a transcript but non of the dates or times match.The meta data on the DVD is unobtainable and it says that I was viewed from a place where it is impossible to see my home. The tribunal only went off the film and no evidence I had produced from Drs, nurses and physio were taken on board and my husband wasn't allowed to comment, Long story short, I lost all PIP allowance, but has anyone else had this happened to them. And did you dispute the findings? I must admit it has made me so ill because all my friends and family think I should fight my case and I just want to give up and have a rest after two years of trying cheers K

Replies

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

    As this was a Tribunal decision then you have 1 month from the date of the decision to request the statement of reasons and record of proceedings. Once you receive those you need to find someone to take a look to see if there's an error in law. If no error in law is found then i'm afraid you won't be able to take this any further.

    Your husband not being able to comment will not be an error in law, usually when appearing at a Tribunal for a benefit claim then the panel will want you to speak in your own words, unless you have an appointee and they will be able to speak on your behalf.
    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.
  • mikehughescqmikehughescq Member Posts: 6,002 Disability Gamechanger
    The reason why your husband may not have been allowed to speak can be found here.

    https://community.scope.org.uk/discussion/56379/representation-and-tribunal-hearings#latest

    It’s very unlikely the tribunal will have wholly disregarded your evidence. It’s more likely they weighed it against the video evidence and found the latter more persuasive. 

    I would never recommend anyone involved in a video case to appear unrepresented. For the next stage it’s something you need to get sorted quickly.
    please have a look at https://advicelocal.uk/
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @karenat35, how are you getting on? :)
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  • karenat35karenat35 Member Posts: 15 Connected
    Hi Chloe, I am ok thank you,  just tired out and still upset that someone I thought was a friend could think that I was doing something I shouldn't because I went out of the house  to try and improve my breathing . But you live and learn don't you? hope you are ok thanks again for your support. Keep well Karen  
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @karenat35, that's completely understandable! It can really hurt when things like this happen. Please feel free to use this space to air your thoughts and concerns if you think that would help.
    Hope you are keeping well too. :) 
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