DLA Confusion ?
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SteveBurns
Member Posts: 177
Hi,
I was awarded DLA at the high rate for mobility three years ago, I have OA in both knees - severe enough to warrant the offer of two half knee replacements, I then received an indefinite award early this year.
I recently found that someone had "blown the whistle" (don't know who or why) but that led to me being under surveillance and then called in for an interview, tape recorded then warned that I may be found guilty of failing to report an improvement in my condition or the ability to cope with my condition.
During the interview I was constantly told that I had not been seen on the scooter that I have mentioned in my claim form and also suggested that my medication had enabled me to cope therefore I should give a date from which I had improved so that they could back calculate an overpayment and knock me off the DLA.
The fact is my condition had worsened and I had proof of an accepted change of circumstances with Motability who have granted me a new vehicle with a hoist to enable me to easier use the scooter. The interviewer was not interested.
It appears that due to the telephone call I will lose the DLA and car just because they need to justify the surveillance. I say that because the evidence against me is extremely week but everyone thinks they will knock me off. Including the solicitor who was with me for the interview and a welfare adviser I saw yesterday.
What confuses me is this "ability to cope with the condition".
The interviewer was suggesting that if my medication had enabled me to cope then I should have reported that so that they could remove the DLA.
Using a scooter also enables me to cope with the condition so that also should have been reported.
What I would like to know is how many people with similar condition have learned to cope by medication, scooter or wheelchair, motability vehicle or any other means and do not notify that ability to cope.
How many people have motability cars and do not use scooter or wheelchair at all?
It appears to me that the DWP just want anyone on high rate mobility to not move about at all unless in a wheelchair, otherwise they should be disallowed from receiving the DLA.
I was awarded DLA at the high rate for mobility three years ago, I have OA in both knees - severe enough to warrant the offer of two half knee replacements, I then received an indefinite award early this year.
I recently found that someone had "blown the whistle" (don't know who or why) but that led to me being under surveillance and then called in for an interview, tape recorded then warned that I may be found guilty of failing to report an improvement in my condition or the ability to cope with my condition.
During the interview I was constantly told that I had not been seen on the scooter that I have mentioned in my claim form and also suggested that my medication had enabled me to cope therefore I should give a date from which I had improved so that they could back calculate an overpayment and knock me off the DLA.
The fact is my condition had worsened and I had proof of an accepted change of circumstances with Motability who have granted me a new vehicle with a hoist to enable me to easier use the scooter. The interviewer was not interested.
It appears that due to the telephone call I will lose the DLA and car just because they need to justify the surveillance. I say that because the evidence against me is extremely week but everyone thinks they will knock me off. Including the solicitor who was with me for the interview and a welfare adviser I saw yesterday.
What confuses me is this "ability to cope with the condition".
The interviewer was suggesting that if my medication had enabled me to cope then I should have reported that so that they could remove the DLA.
Using a scooter also enables me to cope with the condition so that also should have been reported.
What I would like to know is how many people with similar condition have learned to cope by medication, scooter or wheelchair, motability vehicle or any other means and do not notify that ability to cope.
How many people have motability cars and do not use scooter or wheelchair at all?
It appears to me that the DWP just want anyone on high rate mobility to not move about at all unless in a wheelchair, otherwise they should be disallowed from receiving the DLA.
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Comments
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Hi Steve,
DLA is a complete mess at the minute, people who need it are being questioned but others get away with it. I think they know how to play the game. My friend definitely does she gets high rate mobility and middle rate care yet she goes on hols or to concerts and walks round easily, says she needs care but shops, cooks, washes, irons and cleans all herself. The only thing is she knows how to play the game, Drs. or Consultant appointment she puts it on so well they believe her and back her then she brags says she doesn't need it and sends me mad. I know lots of people do this but others are paying for it and it is so unfair.
Cheers
Vonski0 -
I would contact your MP immediately.0
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The whole system is a farce, run by a company I think.... What do companies do, make money... They must be on some kind of incentive to get folks off DLA the way they go about it.. Horrible shi1ts..
I am sorry that this has happened, as suggested, seek out your MP..
I also know of people that are scamming and not in need of all that they get..
I have just sent off my form, probably an interview will follow..
Make me so angry as they just don't seem to target the right ones..
On the form it even asks if the conditions could be caused or down to drug or alcohol abuse, does that mean that as before they are leaving the junkies and p155heads alone :x :x :x
Best of luck anyway, please keep us up to date with things..
Hey Sal, good to see you..Me-Tony
Ra-1996 -2013 RIP...
Cleo - 1996 to 2011. RIP0 -
Hi Steve
I can't help you but I do wish you luck and hope that you are allowed to keep the dla.
It is so unfair when these people target genuine people.
juliepf x0 -
Hi Steve
My understanding of DLA and its application appears to be very subjective. I don't know if you have used the following link but I found the information very helpful when I applied for DLA.
http://www.benefitsandwork.co.uk/
It helped me to understand the process.
Also do you have access to a Disability Information Centre as they too were most helpful in my case. I can complete applications very well but couldn't do my own as it was too 'painful'.
Have you got your Orthopaedic Specialist to help by providing information on your current situation.
Finally don't give up, if you need help, in my opinion, then it's your right to present your case by giving as much 'evidence' as a panel would need to make an informed decision.
Good luck and very best wishes
Mgt0 -
Hello Steve, Sorry I cant help either. How awful when you are trying to cope that someone is 'watching' you. Its a sad old world sometimes, hope things turn around for you.0
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I don't any knowledge of these things, but surely if you need a hoist to get on your scooter and that has been approved by motobility, that, along with a doctors report should be enough to prove your case. Love Sue.0
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Steve hun, the world of the DLA and or DWP is, as has been said, in a complete shake up at the moment. People, like yourself, are being hauled over the coals, while others swan through and milk the system with great skill.
The aim is to reduce the bill by many millions and I am sure they are targeting people like us, who are ill, in pain, have great difficulty moving about, etc etc.
I would contact your MP, certainly appeal against any adverse decision, this all sounds so wrong. You have evidence based information that is in your favour, so keep up the fight.
Whoever told tales, what goes around comes around. Take care and let us know XX BubblesXX Aidan (still known as Bubbles).0 -
Hi Steve,
I would contact your local citizens advice and Mp to see where you stand and if they can help you with this..
The system is such a mess and is so unfair..
Wish you all the best and hope you get things sorted..xxTracyxx
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Hi have you got a welfare rights office in your town as they helped me appeal my ESA and DLA and without them I would have got nothing and yep it makes me mad when you see folk more capable than yourself get everything but when you are in need you get refused and treated like a fraud. Hang on in there I'm sure you will win in the end.Tracey0
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Sorry to Hijack, but Hi to BikerAngel. Good to meet you
Toni xx0 -
Hi Tony good to meet you too xTracey0
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I get high rate mobility on an indefinate award, it scares the life out of me because I am afraid to push myself beyond the limits.
I have just returned to sea kayaking, I have help and get from my wheelchair into kayak, but I worry that I will be condemed for trying to live a life.0 -
I would love for the people who take these interviews and set out the forms just for 1 day 2 try and live with this condition and then they would know how silly some of the questions are!!!!!0
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Yeah it is pretty unfair the way they are going about things at the moment....I've just lost my appeal at tribunal as all they were interested in was the day the GP came out to my house in March and examined me, I don't think we are allowed to live our life normally like others do, I used to co-drive in a rally car but cannot do it now as since had an accident (not my fault) last year have had to give it up, and because I now am a Falconer that too is a crazy past time and questionable!!! :evil They need to get their act together and give back to the people what they deserve!!!!!!!0
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