Hi, my name is tina72! I was told to claim PIP, DWP said I was lying — Scope | Disability forum
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Hi, my name is tina72! I was told to claim PIP, DWP said I was lying

tina72
tina72 Member Posts: 6 Listener
edited January 9 in PIP, DLA, and AA
I had breast cancer and I was told to claim pip by cancer nurse as my income was that low I couldn’t even afford to run my car to go for the radiotherapy I also had mental health issues when applying for pip it was that I couldn’t use my arm to lift daily things for myself and including mental health during this time I was told to try n get back to work to help my mental health was no way ready and my head wasn’t even my own at the time months late dwp accused me of lieing told me it would almost sure it would go to court then she rang me up saying I would only have to pay money back £5000 I never appealed this … and today it’s affected me totally as I’m in same boat still can’t use my arm tidy and mental health issues it’s scared me to death to claim anything I should of appealed this there and then but I was only concentrating on getting better

Comments

  • Ross_Scope
    Ross_Scope Posts: 5,716

    Scope community team

    Hello @tina72

    Welcome to the community, thank you for introducing yourself and telling us a bit about your situation. This is a very supportive and welcoming community so I'm sure you'll enjoy taking part here.

    Sorry to read about everything you have been through, and the impact it has had on your mental health. Do you have any support from any friends or family members at this time? And do you receive any support from your GP to manage your mental health? If not, it might be worth getting in touch with them to talk about how you feel, as they may be able to support.

    I think you might benefit from some professional advice with your benefit situation, you could try entering your postcode into Advice Local or approaching Citizens Advice.

    I have moved your discussion over to our PIP category, which you could browse to find related discussions.
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  • mikehughescq
    mikehughescq Member Posts: 8,234 Disability Gamechanger
    I think we need some clarity here. Are you saying that you were awarded PIP and were subsequently told you’d been overpaid and that it was recoverable to the time of £5k? How long ago was this?
  • tina72
    tina72 Member Posts: 6 Listener
    Yes was awarded esa plus pip
    was called in on fraudulent claim
    and was accused of lieing because I went back to work ( only went back because cancer nurse said it would be good to get back ) they phoned me and told me it wouldn’t be going to court I would just have to pay it all back that was 2 years ago and I’ve just been getting worse thinking about them calling me a liar when I have the scars to prove it I just should have never appealed this but I was too I’ll to argue my case
  • tina72
    tina72 Member Posts: 6 Listener
    I had breast cancer removed lumpectomy 15 rounds radiotherapy and 2 operations and a lymph nodes removed 
  • mikehughescq
    mikehughescq Member Posts: 8,234 Disability Gamechanger
    Right, so presumably what happened is that you were called in for an interview under caution during which fraud gets mentioned because of a failure to disclose that you had started work but it ends up being just another recoverable overpayment with an admin penalty? 

    If I’m right then at this point your first step should be to do a subject access request for a copy of the transcript of your IUC. Easy enough to do. See https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions

    In the meantime, the next question is how long ago was this? Whilst you didn’t appeal it at the time the decision to recover can still potentially be challenged. How you do that depends on how long ago the decision was. At worst, you need to find some fact they were ignorant or mistaken about. That’s what the SAR is about. Once you have that IUC transcript that there is some reading to be done.

    If there was no IUC there us a whole other discussion we have.


  • tina72
    tina72 Member Posts: 6 Listener
    What is icu please
  • tina72
    tina72 Member Posts: 6 Listener
  • mikehughescq
    mikehughescq Member Posts: 8,234 Disability Gamechanger
    tina72 said:
    What is icu please
    IUC not icu :)

    It’s referenced in the post. An interview under caution. 
  • tina72
    tina72 Member Posts: 6 Listener
    thankyou i have applied to get my iuc I know this is a long shot but I wished they had taken this to court it has and still affected me to this day
  • mikehughescq
    mikehughescq Member Posts: 8,234 Disability Gamechanger
    Absolutely not a long shot. Far from it. The transcripts of IUCs are always quite revealing in terms of DWP incompetence. You just need one fact the decision maker was potentially ignorant or mistaken about and you’re in bossiness to do a late revision. It then doesn’t matter if that fails. It will produce a new decision and you will then have one/thirteen months to appeal that. 

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