DLA fraud case

Thepadster,

On the presumption that your client now has a solicitor in place for the IUC I think you need to be liaising with them as to what client should, or shouldn’t, be volunteering at the IUC itself (and whether there is any merit in her taking evidence with her such as a letter from her GP/Consultant, for example, confirming the position in relation to the new medication and any resulting improvement in her condition).

After the IUC it obviously depends on what happens next. Be prepared to lodge appeals against any resulting entitlement/overpayment decisions and again, liaise with client’s solicitor in relation to any prosecution (if solicitor can stave off court action until the outcome of the appeal/s is known it would certainly be helpful).

DLA issues of this sort have a tendency to be as difficult to pin down/evidence as cohab issues in my experience. It really is going to depend on the individual circumstances of the case and your client’s credibility.

Again thanks to all the comments.. A wee up-date as I feel it’s useful to follow up on postings. IUC went ahead and solicitor attended. Client informed me video was taken of her shopping in a shopping mall a few months back. During the IUC she felt the fraud staff were rude and had made a number of allegations. Solicitor had discussions with them about their methods of questioning and statements made. She wished she hadn’t attended or made no comment and feels sure prosecution is on the cards.

Her benefit is still in payment but surely if they suspect there is/was a doubt about her entitlement should they not inform a decision maker to allow suspension? I’ve had a look at the Fraud guidance manual and this warns that any information held by an investigator prior to suspension may render any overpayment unrecoverable.

Plus are they not condoning the potential fraud by not informing a decision maker as soon as possible?

Last up-date with this case. Overpayment decision based on video evidence of client shopping along with criminal prosecution! Overpayment was conveniently over the £2000 by £95 so according to fraud guidance court action recommended. It took them 3 month to suspend payment and this was after IUC. Appeal held and won. No change of circumstances so no overpayment which should mean no court case. Plus client back on high rate mobility and middle rate care.

It astonishes and frightens me the level the fraud department stoop to when investigating a disability determination. Turns out she was reported by a presenting officer while client was attending her daughters DLA appeal. It was obvious the appeal panel were sympathetic towards my client due to the medical reports etc. The presenting officer in attendance was asked by the panel what he made of this evidence and he looked embarrassed! He didn’t even know prosecution had been lodged! 

Panel didn’t want to go through video evidence much to the annoyance of the presenting officer despite him say he will fast forward the boring bits!

Common sense and justice prevailed at the end but to the detriment of my clients health and well-being just for looking as if there was nothing wrong with her. DWP you should be ashamed of yourself!