Life just collapsed - please help

[Onestepatatime]

Re: Life just collapsed - please help

You might just want to send an email to this guy
http://www.davidgauke.com/contact

[jaguarsuk]

Re: Life just collapsed - please help

You might just want to send an email to this guy
http://www.davidgauke.com/contact

He'd probably refer her to her own MP I would have thought.

[Onestepatatime]

Re: Life just collapsed - please help

Not necessarily, it depends on the potency of the email. I always start with ... I expect this letter to be read and dealt with by the person it is addressed too, as they are the only one with any influence to resolve my issue.
This usually gets their attention and if not then then a very senior member is instructed to deal with it.

[des8]

Re: Life just collapsed - please help

Hi and welcome
First step is to write to DWP and ask for a mandatory reconsideration of the decision.
Explain fully the reason for the reconsideration.

Following that you should, if reconsideration is unsatisfactory, be able to go to a tribunal.
Whilst reconsideration and appeals are taking place they should not be hassling for repayment

By all means try all other routes at the same time.
Good luck to you both and your children

[slainte caragh]

Re: Life just collapsed - please help

Tagging [MENTION=8640]leclerc[/MENTION]

if memory serves me you are pretty hot on stuff like this

[leclerc]

Re: Life just collapsed - please help

Tagging [MENTION=8640]leclerc[/MENTION]

if memory serves me you are pretty hot on stuff like this

Which bit am I shit hot on? I do banking stuff and complaints but this one is benefits related one and there is evidence that he did not work for that period of time. I would think if pay was weekly that there were bank statements to back that up. Furthermore, and this bit I do know from having to sort out my stuff, copies of payslips issued by the companies also go to HMRC within a matter of a few days after the payslip is produced.

HMRC would be able to confirm payments made since his NI number, should be on those payslips.

The HMRC is my new shit hot topic .

In terms or resolving this issue, I think the above will help with the paperwork side of things but sorting it out is not something I am hot on but others WILL be.

[slainte caragh]

Re: Life just collapsed - please help

thanks for looking love

[Wylderose]

Re: Life just collapsed - please help

I am sorry you are going through all this - it must be very difficult and stressful too.

My husband has been claiming ESA for post traumatic stress and clinical depression for as long as I have known him. Back in 2015 he decided to try and get a job. He found one, he worked for 10 weeks and then lost the plot and had to resign. Prior to starting he told ESA that he was starting a job. They didnt stop his ESA claim, not long after he had a review assessment and was told given his mental health his award would be indefinite. In January this year he was hauled into a fraud interview about working without telling anyone for the 10 weeks he did. He went to bits. Today, he's had a letter to say he owes £10,000. 89 weeks at what ever rate. They aren't fining him and they aren't prosecuting but they are saying for the last 89 weeks he didn't have a claim to ESA, even though he only worked for 10. They say he worked more than that - 13, as he started on April 27th which he has email proof of but his employers are saying he started 3 weeks before that.
However during that entire period he was ill, very ill, at one point so ill he was nearly sectioned. He was awarded PIP. etc.

You say that they did not stop his claim - by this do you mean that they continued to pay him ESA every 2 weeks while he was working and did he have to provide his payslips during that period?

1. How did he notify DWP and did he get anything in writing from them at the time acknowledging the fact that he was working? (If he notified DWP then somewhere they must have a record of this and possibly also a Permitted earnings agreement)
2. How many hours per week was he working?
3. Did he have an employment contract - this would give his start date and hours of work, plus rate of pay?
4. Do you have his pay slips and P45 following termination of employment?
5. Bank statements from 2 months prior to at least 6 months post employment would show, no income prior to employment and no income going into the bank post employment.

The above would all go to proving that:
a) Your husband worked from xx... date to yy.... date (backed by Employment contract and P45) and that during that term of employment
b) He earned £....... which if you take the Gross amount from his P45 and divide it by the (contracted weekly hours multiplied by the hourly rate) would give you the number of weeks he was paid for.

Working whilst claiming ESA is generally not allowed but sometimes claimants are allowed to do "Permitted Work". However there are restrictions to the number of hours you can work (Higher limit = 16 hrs/week) and how much you can earn (£120/week).

This page will help to explain it in more detail (Permitted Work)

What can we do? Can he claim retrospectively? His Doctor will support him completely and there has been an ESA assessment to show how ill he was in these 89 weeks. We have no money. I broke my back in May. So we're on ESA as a family and a claim went in to add me to his in April which they are treating as a new claim.

Going forward, if your husband attended a fraud interview, was it an "Interview under caution" or a "Compliance interview"? There is a difference and I ask because if he was interviewed under caution, then this is part of a fraud investigation. Compliance interviews a a level below this and tend to be more of a fishing expedition - when they don't have enough concrete evidence to go to IUC.

I don't think this has gone as far as a Decision of Fraud because when someone is deemed to have claimed fraudulently, fraud is handled in one of two ways. The person concerned either accepts a Civil Penalty - paid over and above the overpayment OR they are taken to court and prosecuted for fraud. From what you have said, neither has happened.

I don't understand what you mean by "a linking period". If the DWP paid him through from the start of his claim until they issued the overpayment letter, then there is no break in claim - it is continuous.

If they are implying that there is a break in claim then they must have had prior knowledge of his earnings and made a decision that he was not entitled at some point due to his income being above the £120/wk higher limit of permitted earnings. If that is the case then they would have had to issue him with a notification letter advising that they have terminated his ESA and from xxxx..... date and payments would have ceased.

As Des8 says you need to ask for a Mandatory Reconsideration. I think that the overpayment has been calculated based possibly on RTI (Real time information from HMRC) which would give them a possible start date and earnings over the period. The DWP may well then have kept the income open ended as late notified change of circumstances and thereby made an adverse inference, thus cancelling the claim and generating the overpayment.

I think you not only need to request a Mandatory Reconsideration, (expect not to have the decision overturned) and then take your case to Appeal.

You also need to submit a SAR (subject access request) to the DWP for
1. copies of all documentation, handwritten, typewritten and in electronic format that your husband has sent to the DWP
2. copies of all documentation, typewritten and in electronic format that the DWP has sent to your husband
3. copies of all 3rd party documentation received by the DWP relating to your husband
4. transcripts of all telephone conversations between the DWP and your husband

This needs to cover a period of at least 2 months prior to him starting to work to the date of closure of his claim.

They have to supply this information if you request it but the request must come from your husband

[Wylderose]

Re: Life just collapsed - please help

If your husband's ESA claim has been stopped then your current claim will probably also have ended or be suspended.

You need to contact them to find out what is happening and where you go from here. If you request a Mandatory reconsideration, you will have to claim another benefit (you, yourself may have to claim Jobseeker's while you go through the process of getting this sorted out) This can be a long drawn out process and you need to be able to live in the meantime.

[PAWS]

Re: Life just collapsed - please help

Well Panicstation there are a lot of smart people on here and that stuff above is a fine example.
So, let’s take stock of the situation. Naturally you might not feel too confident right now but people overcome this sort of crisis and go on to live happy and peaceful lives. If you do not believe me take a look through some of the concluded threads on here and you will see how someone will start off feeling just like you and not only get through it but wind up helping others. Most have us have been in a situation where things are pretty bad and then one letter/phone call or bang on the door just tips you right over the edge.
But, there are positives. First of all, you found us and I am constantly in awe at the skilled beagles on here who literally turn lives around every day with sound and practical advice. Even during those long wee hours during the night, you can log on and read through similar threads and see you can get through this and you are never alone. Secondly, it sounds like your GP understands the situation and remember he is there for you as well as your hubby.
This is an awful time for you both but it is not a life sentence.
This shower of gits are punishing you enough so don’t waste your energy turning it into a capital crime -save it for the fight! Crises are often turning points and sometimes it can be like lancing a boil (I know my similes need work!) Hubby is getting the care he needs and when he is home he will get the long-term care from your GP. Meanwhile you gather all the info you need based on what the smart beagles advise and go back at these gits with your guns loaded. DO NOT LET THEM TAKE YOU OR YOUR HUBBYS RIGHT TO LIFE AWAY FROM YOU.
Oh, and do badger David Gauke and your MP -You elect them (i.e. give them the job) and pay their salary and this is exactly what you pay them for. You wouldn’t buy a dog and bark yourself now would you!

[slainte caragh]

Re: Life just collapsed - please help

I have been chatting to Panic in PM.

Just checking up on her and making sure she's ok and I am very pleased to report (with permission) that Mr Panic is safe.

He is getting the specialist help that he needs and she has an appointment with the CAB. she will soon post up a draft letter for everyone to check on, she wants to thank everyone for everything!

[panicstation]

Re: Life just collapsed - please help

Hi Everyone, Thank you very much for looking in on me. Ive tried to write a reconsideration letter. I have brain damage which has cancelled out my PhD and so if I make no sense, or the spelling is rubbish, please excuse, I can understand but processing takes a while.
Here goes. I dont know how to finish. Dear Sirs,

Request for a Mandatory Reconsideration.

Thank you for your letter of X date. I wish to apply for the decision to be reconsidered given the following :

a) You were aware that I was starting work.
· I called to tell you I was starting work. I had long conversation with someone about how I was feeling about doing this, my GP’s reluctance given my mental health and PTSD and what the implications would be for my benefits but I felt I wanted to try having previously had a good career. I was informed of the 12 week linking rule and support that could be offered to me given my mental health. I would not have known about this had that phone call not have been made.
· You did not stop my claim for this period – no one has explained why.
· I went to work from the 27^th April 2015.
· My wife had a very serious car crash on May 5th 2015 leaving her with a head and facial injury, brain damage, a broken back and ribs. Our lives were plunged into turmoil as we have no family support and she was unable to look after our children, collect the youngest from school or perform any household tasks. My brain was scrambled. I was barely able to function.
· In July 2015 the situation at work became untenable with the start of the school holidays and I tried to leave but they offered me more “support” which was not forthcoming.
· In August 2015 I was asked to resign given my behaviour and attitude due to the PTSD and the increased stress of my partner being injured. It was all too much and I was becoming aggressive trying to meet everyone’s demands.
· I resigned, after 2 weeks out, on September 3^rd and was paid 1 month pay in lieu of notice. I was then paid a small amount in October as they had calculated my pay wrongly.

b) I don’t understand how I have 2 years worth of overpayments. As you had not stopped my claim there was no reason for me to reclaim. Had you stopped my claim I would have had to have reclaimed at the time.

c) I have been sick for the period of my overpayment, my GP and psychiatrist will support this.

d) You were aware I was sick for the period of the overpayment as you sent me for a medical with ATOS which you approved in early 2016.

e) I had a complete breakdown in the September 2015 and narrowly avoided being sectioned. This was a culmination of ill health and the stress caused by my partners accident.

f) I was awarded PIP for my mental health and PTSD.

g) We submitted a change of circumstances form in April 2017 for ESA to put my partner on my ESA claim. I had spoken with Tax Credits 2 or 3 times before this to ask what I could do without her income. They told me to complete a change of circumstance form for my ESA and ask for it to be backdated. I asked for the ESA to be back dated to February 2017 which you agreed so again you knew I was sick at this point as well.

[slainte caragh]

Re: Life just collapsed - please help

Bumping and highlighting.

[Kati]

Re: Life just collapsed - please help

[MENTION=141]enaid[/MENTION] [MENTION=85500]Peridot[/MENTION] [MENTION=98117]warwick65[/MENTION] [MENTION=39710]des8[/MENTION] ?? Any comments on [MENTION=97306]panicstation[/MENTION]'s letter before it's sent??

[panicstation]

Re: Life just collapsed - please help

CAB said there was no case. Benefit was only paid on a current claim form and it doesn't matter who did what. They gave me income and expenditure forms to do so I could make a weekly offer of payment against the 10k overpayment.

Are they right does anyone know - is it not always worth trying?