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Incapacity Benefit Wrongly Stopped - Failed Medical
Comments
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True lots do go through without problems, but equally there were 229,000 thousand cases that didnt, last year alone - thats not an insignificant number by any means.
The president of the appeals service didnt think the dwp/atos setup system was working in a fair manner....
It should also be noted that a large number of those cases turned down after a medical are simply because the person does not fit the criteria and does not qualify for the benefit.
Thats from the president of the (as you say, independant) tribunals service, who deal with these cases on a daily basis.
http://www.benefitsandwork.co.uk/news/latest-news/971-appeals-president-slams-dwp-and-atos
My point is that the majority do get treated fairly. The way this board has been going recently people are getting the impression that the majority are treated unfairly. That is not the case.0 -
strawberry_cupcake wrote: »No, I cannot claim JSA as I cannot claim to be fit and actively seeking work, and because of the nature of my illness, I cannot go out to work either, so yes, in that respect, I suppose I am letting them win. I could re-appeal, but I can't go through all that stress again.
I have forced myself to accept that I will never win back what i deserve, so i can either let it drag me down further, or just accept it. i wonder how many more people like myself there are out there?
A quote from the DWP's own impact assessment for ESA (replacement for incapacity benefit)a significant proportion of claimants is expected to leave the benefit system entirely, some into work
They are aware a significant number of people will have to leave the benefits system entirely, and only SOME of them will leave via entering work. The others, well they just dont get any income from anywhere.[greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
[/greenhighlight][redtitle]
The impact of this is to stigmatise people on benefits,
and we should be deeply worried about that[/redtitle](house of lords debate, talking about Cameron)0 -
My point is that the majority do get treated fairly. The way this board has been going recently people are getting the impression that the majority are treated unfairly. That is not the case.
Only just -
If atos are doing 600 thousand assessments per year, and 229,000 are thought to be 'unfair' and having to go to tribunal then thats getting on for a 40 percent failure rate (actually it would be 38.16 percent - but remember to add on all those that dont appeal, and all those that are overturned at reconsideration, and it could be getting much closer to the 50 percent mark).Each year Atos Healthcare process over 1.2 million referrals for medical advice completing over 600,000 face to face medical assessments within our nationwide network of over 140 medical examination centres.
So its not really an overwhelming majority that are thought as fair, its getting close to a 50 / 50 chance of fair treatment, or feeling the need to appeal rather.
True, there is more chance of fair treatment than unfair - but there is a also a far to large chance of unfair treatment - and its pot luck really which side of the coin your case lands on.[greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
[/greenhighlight][redtitle]
The impact of this is to stigmatise people on benefits,
and we should be deeply worried about that[/redtitle](house of lords debate, talking about Cameron)0 -
It should also be noted that a large number of those that fail medicals simply do not fit the criteria for the benefit and therefor do not qualify for it.0
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Only just -
If atos are doing 600 thousand assessments per year, and 229,000 are found to be 'unfair' then thats getting on for a 40 percent failure rate (actually it would be 38.16 percent - but remember to add on all those that dont appeal, and all those that are overturned at reconsideration, and it could be getting much closer to the 50 percent mark).
So its not really an overwhelming majority that are fair, its getting close to a 50 / 50 chance of fair treatment.
In alot of cases they are fair, they just do not qualify, otherwise everyone would be successful at appeal.0 -
In alot of cases they are fair, they just do not qualify, otherwise everyone would be successful at appeal.
True, but success rates at IB tribunals is around 45 percent if unrepresented, and 58 percent if unrepresented - source
So if you dont go alone, over half the cases are won.[greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
[/greenhighlight][redtitle]
The impact of this is to stigmatise people on benefits,
and we should be deeply worried about that[/redtitle](house of lords debate, talking about Cameron)0 -
strawberry_cupcake wrote: »No, I cannot claim JSA as I cannot claim to be fit and actively seeking work, and because of the nature of my illness, I cannot go out to work either, so yes, in that respect, I suppose I am letting them win. I could re-appeal, but I can't go through all that stress again.
I have forced myself to accept that I will never win back what i deserve, so i can either let it drag me down further, or just accept it. i wonder how many more people like myself there are out there?
How do you manage to survive with a roof over your head and money and stuff though if you have no income coming in?? :huh:0 -
alwayshavingago wrote: »
I have not yet had a tribunal where I felt they were biased or unfair, its possible it could happen, as they are only human, or could be having a bad day, or their may be (god forbid but it can happen) a doctor from atos on the panel).
It not very often I read tales of bias in tribunals, I have read examples though, so its not a isolated case from memory, but they seem to be much fewer complaints about bias in tribunals than the actual assessments.
If the claimant believes that the Medical was carried out in an unfair manner or any of the other accusations that have been made then they should complain to the the Medical Centre for their area there is a specific complaints form they should send. The main offices are also listed below.
Leeds
Medical Services Centre (Leeds)
Government Buildings
Otley Road
Lawnswood
Leeds
LS16 5PU
Tel: 0113 230 9000
Newcastle
Medical Services Centre (Newcastle)
Arden House
Regent Farm Road
Gosforth
Newcastle upon Tyne
NE3 3LZ
Tel: 0191 223 3000
Wembley
Medical Services Centre (Wembley)
Olympic House
Olympic Way
Wembley
Middlesex
HA9 0DL
Tel: 020 8795 8400
Bristol
Medical Services Centre (Bristol)
Government Buildings
Flowers Hill
Bristol
BS4 5LA
Tel: 0117 971 8311
Bootle
Medical Services Centre (Bootle)
St Martins House
Stanley Precinct
Bootle
Merseyside
L69 9BN
Tel: 0151 934 6000
Manchester
Medical Services Centre (Manchester)
Albert Bridge House
Bridge Street
Manchester
M60 9DA
Tel: 0161 831 2000
Sutton
Medical Services Centre (Sutton)
Sutherland House
29-37 Brighton Road
Sutton
Surrey
SM2 5AN
Tel: 020 8652 6000
Birmingham
Medical Services Centre (Birmingham)
Five Ways House
Islington Row Middleway
Edgbaston
Birmingham
B15 1SL
Tel: 0121 626 2000
Cardiff
Medical Services Centre (Cardiff)
Government Buildings
St Agnes Road
Gabalfa
Cardiff
CF14 4YJ
Tel: 029 2058 6002
Edinburgh
Medical Services Centre (Edinburgh)
Argyle House
3 Lady Lawson Street
Edinburgh
EH3 9SH
Tel: 0131 229 9191
Glasgow
Medical Services Centre (Glasgow)
Corunna House
29 Cadogan Street
Glasgow
G2 7BN
Tel: 0141 249 3500
Nottingham
Medical Services Centre (Nottingham)
Government Buildings
Chalfont Drive
Western Buildings
Nottingham
NG8 3RB
Tel: 0115 942 8000
Belfast
Medical Services Centre (Belfast)
Castle Court
Royal Avenue
Belfast
BT1 1SB
Tel: 028 9033 6000
or complain directly to here:
Medical Services Customer Relations (England, Wales and Scotland)
Wing G
Block 1
Government Buildings
Lawnswood
Leeds
LS16 5PU
Tel: 0113 230 9175
If still not satisfied they should request that the matter is referred to the local independent complaints panel, The Independent Tier.
Further to this the complaint can be continued onto the:
The Parliamentary and Health Service Ombudsman
Millbank Tower
Millbank
London
SW1P 4QP
complaints Helpline 0345 015 4033
I should point out that this route is to complain about the manner of the medical ie maladministration, an appeal should still be made to challenge the benefit decision.
It would also be useful to raise the complaint with your local MP.
None of the above is going to be easy for someone who is suffering with a mental health condition, get advice from CAB, DIAL, Community Legal Services.
The above should take an impartial view of your case. CAB in particular undertake Social Policy work and will be producing evidence based on clients experiences, where there is evidence of problems in the system they will use this evidence to lobby for change.0 -
strawberry_cupcake wrote: »No, I think I made myself perfectly understood, the answers I gave were indeed relevant,
The fact that they seemed relevant to you doesn't mean that they actually were. I agree with SDW on this.0 -
By analysing a sample of claims, and finding out how many are fruadulent - giving an estimate of the level of fraud in general.
I appreciate that they're extrapolating a percentage figure from a sample of claims but that still doesn't mean that the figures are correct.
To give an example, if you analyse 1000 claims and find that 5 of them are fraudulent then this would suggest a fraudulence rate of .5. However, if there are another 5 cases that are fraudulent but they don't know about then the rate is actually double. You can't prove something that you don't know about.0
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