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10 years 1 month ago #118216 by Puccalove
Replied by Puccalove on topic Fraud
None of what you have stated should necessarily preclude your claim. Of course it may contradict your stated capacity, that I cannot comment on. I believe you are seeing the CAB. Do you know the qualifications of the person that you are dealing with? I am an experienced welfare rights worker but would not feel comfortable taking on a case like yours. You need legal advice from someone with legal training, preferable a solicitor with expertise in benefit law not a benefits advisor. Search the internet to find your local law centre and/or phone Civil Legal Advice line on 0845 345 4345. You may well be entitled to legal aid.

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10 years 1 month ago - 10 years 1 month ago #118220 by Gordon
Replied by Gordon on topic Fraud
Chrissy

If you want to challenge the Decision then the first thing to do is request a Mandatory Reconsideration, this must be done within one month of what I assume is a Decision letter. You can do this over the phone, but in this case I would recommend that you do it writing, make sure that you use the phrase "Mandatory Reconsideration" in your letter and send it Recorded Delivery.

I wold make a formal request for the information from the surveillance, this should be in the form of a Subject Access Request.

SAR Form Download

and this page :

DWP Data Protection Policy

I would recommend you get face to face from advisor with experience in this area.

Do am internet search for "welfare" advice with your postcode, town, or county.

As a general comment on the information you posted.

DLA does not consider a claimants ability to drive although they may make assumptions on your ability to walk as a result of your doing so, these assumptions may not be correct.

Filling you car with petrol is not considered in regard to DLA and I am struggling to think of any assumptions that could be made from this.

Walking is 41m is below the generally accepted distance of 50m used for DLA and therefore proves nothing.

Any assumptions that the DWP have made take no account of any severe discomfort, or worse, that you may have been experiencing while carrying out these actions.

I hope this helps

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago - 10 years 1 month ago #118221 by chrissy v
Replied by chrissy v on topic Fraud
Thank you, I have the tape recordings of the IUC am I entitled to request the DVD recordings I just think why did they watch me for so long it doesn't make sense, and it also means I will have to pay back all the DLA money how can I possibly do that on £71.70 per week .Any advice would be great please.

CV
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago - 10 years 1 month ago #118224 by chrissy v
Replied by chrissy v on topic Fraud
Thank You Gordon And Puccalove, There are also anomilies in this report and I am wandering have they got the date right I will do as you have advised.


Chrissy V
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago #118225 by Gordon
Replied by Gordon on topic Fraud

chrissy v wrote: Thank you, I have the tape recordings of the IUC am I entitled to request the DVD recordings I just think why did they watch me for so long it doesn't make sense, and it also means I will have to pay back all the DLA money how can I possibly do that on £71.70 per week .Any advice would be great please.

CV


You need to get face to face advice.

I have seen cases with far more evidence than that which you report. thrown out as not proving that the claimant was fraudulent in their claim for DLA Mobility. Unfortunately, until the Decision is overturned the DWP can seek recovery of the DLA payments but there are limits on how much they can recover each week which are dependant on your income.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law), chrissy v

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10 years 1 month ago #118226 by Gordon
Replied by Gordon on topic Fraud

chrissy v wrote: Thank You Gordon And Puccalove, There are also anomilies in this report and I am wandering have they got the date right I will do as you have advised.


Chrissy V


Factual errors will be very important, but you need the original documents not the summary that you have received.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: chrissy v

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