Incapacity Benefit Stopped

Fran

shelly wrote:

Sorry but I can't see anywhere in the OP's post about being able to work. Quite the contrary......








So I can't see the OP getting JSA as you have to be actively seeking work and able to work which the OP obviously isn't due to health problems. Personally I think the best thing to do would be to claim IS......even if its a reduced rate its better than nothing.

Shelley this is how the system operates, I'm not saying that OP is able to work but that the only way to get the full amount in the meantime is to claim JSA, especially as they have said finance is an issue. They will have to say they are willing to do work but give their limitations. It's unlikely that they will be pushed into taking work because of the limitations. It's an unsatisfactory way to carry on but the only way to get the full amount prior to the appeal.

hjb123

Fran wrote:

The OP is saying that they are willing and able to do certain work (perhaps this could be working from home in their own time or something like that).

Hi,

I dont remember saying anywhere that I am able to work. I wish I could work as I dont enjoy not doing much all the time, I would love to be at work and having more of a life but I am not

H

Fran

hjb, please see my previous post. I worded the original one poorly but that is what you would have to do in order to get the full money. It is up to you which way you choose to do it. I would have a word with Citizens Advice or other welfare benefits advisor as soon as possible.

giggs11

but by signing onto jsa the op is declaring himself fit and able to work, which he clearly isn't from what he#s said, so this would be a fraudulent claim and he would also lose his appeal against the incapcity benefit by now stating he is fit and able to work! the best thing he can do is to apply for income support while his appeal is going through as this is paid for sick people who can't get incapacity too.

Ted_Hutchinson

giggs11 wrote:

but by signing onto jsa the op is declaring himself fit and able to work, which he clearly isn't from what he#s said, so this would be a fraudulent claim and he would also lose his appeal against the incapcity benefit by now stating he is fit and able to work! the best thing he can do is to apply for income support while his appeal is going through as this is paid for sick people who can't get incapacity too.

Not so. I appreciate that some here may find it a difficult concept to understand but in fact those who work for the DWP are in fact human. They do, on the whole have common sense and providing you are honest and reasonable, you will, on the whole, be treated fairly.
As far as your IB appeal is concerned, the fact that you are currently claiming JSA will be WITHOUT PREJUDICE to your appeal. So the panel and the DWP official turn a blind eye to the fact that you have been obliged to claim JSA, (albeit with some reasonable restrictions on the type of work you apply for).
I cannot of course speak for all Decision Makers in all offices but I do know that where I live although you sign to say you are actively seeking work, they note of the fact that you are appealing your IB decision and the steps you take to find work until the appeal has been heard are monitored in a less robust and rigorous manner than you might normally expect.

ohreally

Fran wrote:

It's unfortunate but the doctors that do those medicals are working for the DWP and quite often have differing opinions than the person's own doctor.

Therein lies a major issue as far as i'm concerned.To ensure confidence in the system of medical examinations and the advice then given to the DWP the examiner must be seen to be seperate from and wholly independant from the DWP, the integrity of this system is highly questionable. I strongly suspect that the sole remit of the medical services examiner is to give evidence to enable the with-holding of benefits at all costs....go on convince me they have a different agenda.

Cat72

Hi I too have chronic fatigue syndrome ( have had for two years ) and hate dealing with socail security. Firsly you need to get someone to help you fill in their forms - someoene who knows how to answer them The citzens advice bureau or money matters at you housing association are best for this. You doctors word is worth diddily squat to the DWP. I would also suggest contacting the ACTION FOR ME associatioon as they know the problems people have with CFS and how the benfit agency works.I totally agee that the DWP does not take into the effects CFS in their questionarie.Also half the time I was never fit to answer questions due to brain fog.You must get advise do not fill in any forms until you do- plus the agencies I suggested will come to youe appeal. You need to get a defiant diagonsis from your doctor plus a hospital referral helps a lot- I had two consultants backing me up. Once you get your award then apply for DLA too. Hang in there - with the right advice you can win ( i did ) plus I find action for me newsletters lets you know what help is available for your conditon- and that others have similar problems to you.
ps you think your question were bad I get asked where i get my hair done ( i dont ) and they examine my shoes at one time! saying they were very new looking- i pointed out that I never went out- hence my shoes never got worn.

The_Nickster

ohreally wrote:

Therein lies a major issue as far as i'm concerned.To ensure confidence in the system of medical examinations and the advice then given to the DWP the examiner must be seen to be seperate from and wholly independant from the DWP, the integrity of this system is highly questionable. I strongly suspect that the sole remit of the medical services examiner is to give evidence to enable the with-holding of benefits at all costs....go on convince me they have a different agenda.

I have been told that the medical examiners used by the DWP have targets to meet. i.e. How many people they get back to work.

nickyboy_4

hjb123 wrote:

Am really mad and upset.

Received a letter on 2 days since saying that the DWP are stopping my Incapacity Benefit as they think I am fit for work. It doesnt matter that my doctor who I have been seeing at least once a month says that I am not going to be fit for work in the forseeable future, we have even sent a letter in to the benefits office saying this but they say that doesnt make a difference to their decision.

It is clear to anyone that knows me or sees me that I am clearly not fit to work.

I had to attend a medical at the jobcentre in October, the result of which is my benefits being stopped! At the medical the questions that I was asked were not relevant at all to my conditon. I was just asked at the end how it affected me but didnt feel like the person was that bothered. Most of the questions she asked at the medical were closed questions- where I had to answer yes or no.
Where is my bedroom - is it upstairs or downstairs - what time do I get up - how often do I iron and how long for - how long do i hoover and how long for - how often do I walk and how long for - how often do i go shopping and how long for - do i push the trolley - do i reach for stuff off the shelves - do i unload the trolley into the car and do i drive
These were only a small selection of questions I was asked but from these they feel that they are better qualified than my own doctor to determine whether or not I can work.

I am appealing against the decision to stop benefits and at the same time -as advised by the job centre complaining about the irrelevance of the medical to my condition!

I realise that there are people who milk the system or are fit for work but I am not!

Has anyone else had similar experiences?

H

I feel really sorry for you. Exactly the same thing happened to me. Failed their medical and incapacity stopped immediately. Apparently this is quite common. Questions were irrelevant to my specific condition and to be fair the doctor was in no way qualified to judge my condition, which is quite complex and specialised.
I received income support for a while then had to claim JSA, whilst in no fit state to work. I contacted income support and incapacity again and both departments said i needed to contact the other. My income was nil.
In a bizzare twist of fate i ended up in hospital and confided in a therapist about my situation. she took it upon herself to help me out, gathered evidence from therapists, doctors, consultants etc and sorted things out with incapacity, which i received again. Had an appeal 8 months after the medical and won quite comfortably, then it took another 4 months to get my backdated payments from them. It worked in the end and i now get DLA too. Plus they now leave me alone generally.
Dont give up. Appeal, see your doctor and anyone else who will supprt you, check what they're writing about you, as you might be surprised how little they write as evidence. Gather all the evidence that you can. You really have to play the system, by its own strange rules but its the only way to win with them i feel.
Good luck.

Mumstheword

Hi,
I considered not replying to this as I will put a downer on the topic. However, my experience may help you make your mind up what to do next.

I too have CFS/ME/whatever anyone wants to call it! lol!

I've had it for about 8 years now, and successfully claimed IB at first. I think I got it for a few years, and then it appeared that the benefits agency lost patience with me and decided I was fit for work again. That was over 4 years ago, and I am still not fit to go out to work. In fact, I've had a downturn with the cold weather setting in. But I digress.

I attended a checkup with my mum (as driver and support), and the doctor there agreed with me and accepted my limitations. In fact, I lost my balance in his consulting room and the nurse stopped me from falling. My mum was able to give lots of evidence which my brainfog prevented me from helping with! However, following this checkup I got the letter saying I was fit to work. He had obviously been ageeing with me for an easy life, and wrote a completely different write up. I too scored nil points for physical problems, but one for mental problems. Silly me, it was all in my head all along!!

I went to tribunal with a bloke from benefits rights (or something like that), and my parents, who were able to give evidence. Despite the doctor in the room recognising my discomfort sitting for such a long time, the tribunal upheld the decision that i only scored 1 point for mental problems!

The whole process made me quite unwell. Not just the effort involved with forms, and attending the tribunal and interviews with my benefits helper, but also the stress involved in trying to persuade someone that you are telling the truth.

I gave up after that. I'm not sure there was anywhere else to go anyway.

A few months later, my permanent health insurance company pulled the same stunt. That policy should have paid me about 65 or 70 % of my previous wage until retirement date. Another 'independent' doctor decreed I was fit to go to work.

My GP backed me up fully. Unfortunately my consultant was paid for my private medical insurance, which also dumped me once I'd had a diagnosis (they don't cover ongoing treatment of chronic illnesses). However, I had letters from him to help too. Unfortunately, he died soon after my diagnosis, so I couldnt even pay him myself to act in a private capacity on my behalf.

I decided that the stress involved in the whole process was far too much to put up with, and that even if I thought I could win, no amount of money was worth the added pressure and how ill it had made me. And of course, even after a win, there would be another review, and another, etc. They had decided I had had enough!

I now do some work from home on temporary contracts. I struggle with some of it, because I have to be available on certain days to go out (only once or twice per job). If I'm on a bad day, I'm stuck. My managers and colleagues are fantastic though, and would move mountains to help me. I haven't got nearly enough work though to make up what I ought to be bringing in - ie, IB plus my PHI payments. But at least I'm able to contribute to the family finances.

Sorry that this isn't a success story, but I did want you to think it through with all the info you could get. Good luck, I truly wish you success.

Take care,
Mumxx