They've Stopped my Incapacity Benefit!

nogginthenog

MRSTITTLEMOUSE wrote: »

I had a friend had private medicals reports,three of them in fact.This was because her reason for being unable to work was due to a very serious industrial accident,which was going through a compensation case.One was even from the other sides Dr who found in her benefit.She took the most recent medical reports(the case had went on for several years)to her IB medical.When she offered them to the Dr. for his examination he just waved his hands and said not interested.They said the medical was based on his observations not others.The same thing happened at her industrial injuries and DLA medicals too.I don't think they want to know the actual facts to be honest,just what they make of iton the day.

What you say about the private reports is true with regards to the ATOS medical.you just have to grin and bear it!
But if and when you go to appeal they will add great weight to your case.
Especially when you will have your legal advisor along side of you.
and you have the right to cross examin the doctors opinions.
I am certain the ATOS doctors look at a person and think..they look easy and vunerable..i will pick on them.
Letters should not be offered to the doctor only,but to the decision maker as well...The doctor SHOULD firstly base his comments on the descritors

PS I Would just like to add,the doctor does not make the final decision, and a private specialists letter may sway the Decision Maker

Garry_Anderson

As I posted before:

It is important to note that these tests are subjective - not objective - they hope you are having a good day to disqualify you from entitlements.

I wrote the following some years back - just after being disqualified for not getting better:

First a warning for those on Incapacity Benefit. When you fall ill, you expect the State to help until you can get back to work. I was not claiming all entitlements, just enough to get by - until I recovered from these ops. My Doctor and the Company Doctor advised me to do part-time therapeutic work. If you do any other work while ill you may be considered a fraud.

I have written proof that the Benefit Agency deny your right to legal entitlement - if you try to go back to work and fail to get better. Below is a scan of prejudiced evidence they used against me.

I did not get better - this was used against me, to stop my families legal entitlement to benefit. I was later to find out the rules allow them to use opinion against you (in legal action). This is against the old and sick - something that the police can not do with known rapists or child molesters. Yet they ignore the rules that help you - like the one that says they have to reply to any questions. Indeed, when I questioned their decision, they effectively tried to fine me £858 for doing so. You would not believe all what I found. The Benefit Agency even have rules to make you rob money from your children before allowing you benefit.

Perhaps worse of all, they have rigged the 'all work test' - used to disqualify sick and disabled people from benefit. Proof is with Social Security Commissioners File:CIB 5361/97. Mr PL Howell QC, on 20 May 98, said 'There are obviously some disturbing implications...' This abuse has been closed - but it does not close the reason behind it. By scrutinizing the figures and looking at trends, you can work out their true intent. My findings, analyzing Hansard figures, were a lot more disturbing than that discovered by Mr PL Howell QC. But enough of that - for now.

MissSpell

My IB was stopped in January 2009. I have been ill over 7 years and have little energy. However the Doctor who interviewed me obviously thought I was well enough to claim JSA. I did this, feeling slightly optimistic at first, having been told I could get extra help from an advisor as I had been claiming IB immediately before claiming JSA. It was all a great strain for me, my concentration is poor and my energy levels very low too. I battled through the procedures with the advisors at the Jobcentre. By now I had realised that if I had not secured a job within 26 weeks I would not be able to take advantage of the disability credits, although I could still claim over 50's credits. I am 56 years old and I live alone. By now I was beside myself, couldn't think straight, worrying about paying bills. Last week I suddenly developed a severe case of Bell's Syndrome and was advised to stop my JSA as I don't qualify if I am ill and to claim ESA. I am now so confused, in terrible pain with the Bell's Syndrome and getting more and more depressed. Do you think there is a chance that I can ask for special circumstances to have my claim for ESA a continuation of my previous IB claim, so that at least when I start to look for work I won't have the added pressure of having to secure a job within 26 weeks? I am so angry as I feel for sure this Bell's Palsy was brought on from worry. I don't know how long it will take to clear. I can't speak properly, am in terrible pain and can't close my right eye.

healy

MissSpell wrote: »

My IB was stopped in January 2009. I have been ill over 7 years and have little energy. However the Doctor who interviewed me obviously thought I was well enough to claim JSA. I did this, feeling slightly optimistic at first, having been told I could get extra help from an advisor as I had been claiming IB immediately before claiming JSA. It was all a great strain for me, my concentration is poor and my energy levels very low too. I battled through the procedures with the advisors at the Jobcentre. By now I had realised that if I had not secured a job within 26 weeks I would not be able to take advantage of the disability credits, although I could still claim over 50's credits. I am 56 years old and I live alone. By now I was beside myself, couldn't think straight, worrying about paying bills. Last week I suddenly developed a severe case of Bell's Syndrome and was advised to stop my JSA as I don't qualify if I am ill and to claim ESA. I am now so confused, in terrible pain with the Bell's Syndrome and getting more and more depressed. Do you think there is a chance that I can ask for special circumstances to have my claim for ESA a continuation of my previous IB claim, so that at least when I start to look for work I won't have the added pressure of having to secure a job within 26 weeks? I am so angry as I feel for sure this Bell's Palsy was brought on from worry. I don't know how long it will take to clear. I can't speak properly, am in terrible pain and can't close my right eye.

As you failed the medical and then claimed JSA you cannot link the claim back to IB unless you appealed and won the appeal. You could have appealed but you would have had 1 month to do that so I assume that has expired.

MissSpell

Yes it has been five weeks now. I didn't appeal as there was no way I could survive on reduced benefits, I barely survived on IB. So now if I am on ESA for say four weeks, would that mean that when I look for a job I will have 26 weeks to secure one or else lose the incapacity tax credits?

REALITYTIME

I had to attend an examination by Atos. I calimed on two counts, one being fibromyalgia and the other serious depression resulting in suicide attempts. Since the last attempt I have been looked after by friends and family on a constant basis. I have not visited the doctor as I have an issue with thinking that doctors are there to save people, not to waste time on people who want to die. I have seen therapists and counsellors and psychiatrists in the past and have been prescribed seroxat amongst many others. I overdosed on the seroxat. I came out of hospital unbeknown to my doctor as there had been a mix up at the hospital and my file did not get through.
The examnor was not impressed and told me that "I could get my friends to write letters of support and it will mean nothing".( I had 7 letters of support and details of their care for me) He also was in such a hurry to tick his boxes, he did not allow me to answer correctly according to my particular circumstances. He asked if I could open the oven. I said on a good day I could open the oven but when I am completely poleaxed, I couldn't even open my eyelids. I am totaly incapable of doing anything. I cannot speak, eat, drink; I can hear but that is about it.He just asked again if I could open the oven door yesterday. He also got up and opened the door when I was still speaking which was incredibly upsetting and rude. I thought that this was supposed to be objective but when he said "why should the government pay you when I can't see you geting better. You have done yourself no favours by not getting psychiatric help", I knew he had his own agenda. Well next time I am as low as I have been, I will use up every bit of the NH budget by visiitng my doctor every time. They can put me into years of psychiatric care again, and I shall take advantage of the mental health unit to stay when I am feeling unwell. I hope it costs them thousands. I have saved the NH a great deal in having friends to care for me, who look after me until I am able to get out of bed and face another miserable day. The ATOS examinor I had was pushing retirement age, obviously unsuitable for normal GP work and was rubbing his hands with glee to be able to kick someone else of the Benefits system. I am sure his bank account is nice and fat thanks to his target bonusses. May his conscience keep him awake at night as my worry does me.
I did by the way put a phone call into the IB office to make them aware of my upset over the examination tactics.... who needs the hassle and stress of all this? Certainly not me.

lilac_lady

The problems that the people who are really sick are encountering is because there's so many false claims being made. Depression is a terrible illness but is one that is fairly easy to use as a means to getting benefits that are not due.

It must be awful to be one of the genuine ones and have to go through an ordeal to prove that you're not lying.

healy

REALITYTIME wrote: »

I had to attend an examination by Atos. I calimed on two counts, one being fibromyalgia and the other serious depression resulting in suicide attempts. Since the last attempt I have been looked after by friends and family on a constant basis. I have not visited the doctor as I have an issue with thinking that doctors are there to save people, not to waste time on people who want to die. I have seen therapists and counsellors and psychiatrists in the past and have been prescribed seroxat amongst many others. I overdosed on the seroxat. I came out of hospital unbeknown to my doctor as there had been a mix up at the hospital and my file did not get through.
The examnor was not impressed and told me that "I could get my friends to write letters of support and it will mean nothing".( I had 7 letters of support and details of their care for me) He also was in such a hurry to tick his boxes, he did not allow me to answer correctly according to my particular circumstances. He asked if I could open the oven. I said on a good day I could open the oven but when I am completely poleaxed, I couldn't even open my eyelids. I am totaly incapable of doing anything. I cannot speak, eat, drink; I can hear but that is about it.He just asked again if I could open the oven door yesterday. He also got up and opened the door when I was still speaking which was incredibly upsetting and rude. I thought that this was supposed to be objective but when he said "why should the government pay you when I can't see you geting better. You have done yourself no favours by not getting psychiatric help", I knew he had his own agenda. Well next time I am as low as I have been, I will use up every bit of the NH budget by visiitng my doctor every time. They can put me into years of psychiatric care again, and I shall take advantage of the mental health unit to stay when I am feeling unwell. I hope it costs them thousands. I have saved the NH a great deal in having friends to care for me, who look after me until I am able to get out of bed and face another miserable day. The ATOS examinor I had was pushing retirement age, obviously unsuitable for normal GP work and was rubbing his hands with glee to be able to kick someone else of the Benefits system. I am sure his bank account is nice and fat thanks to his target bonusses. May his conscience keep him awake at night as my worry does me.
I did by the way put a phone call into the IB office to make them aware of my upset over the examination tactics.... who needs the hassle and stress of all this? Certainly not me.

There are no "target bonuses" given to the doctors/nurses that carry out these medicals. They are paid per medical.

If you feel the Doctor has been unfair you can make a complaint to Atos.

dmg24

REALITYTIME wrote: »

I had to attend an examination by Atos. I calimed on two counts, one being fibromyalgia and the other serious depression resulting in suicide attempts. Since the last attempt I have been looked after by friends and family on a constant basis. I have not visited the doctor as I have an issue with thinking that doctors are there to save people, not to waste time on people who want to die. I have seen therapists and counsellors and psychiatrists in the past and have been prescribed seroxat amongst many others. I overdosed on the seroxat. I came out of hospital unbeknown to my doctor as there had been a mix up at the hospital and my file did not get through.
The examnor was not impressed and told me that "I could get my friends to write letters of support and it will mean nothing".( I had 7 letters of support and details of their care for me) He also was in such a hurry to tick his boxes, he did not allow me to answer correctly according to my particular circumstances. He asked if I could open the oven. I said on a good day I could open the oven but when I am completely poleaxed, I couldn't even open my eyelids. I am totaly incapable of doing anything. I cannot speak, eat, drink; I can hear but that is about it.He just asked again if I could open the oven door yesterday. He also got up and opened the door when I was still speaking which was incredibly upsetting and rude. I thought that this was supposed to be objective but when he said "why should the government pay you when I can't see you geting better. You have done yourself no favours by not getting psychiatric help", I knew he had his own agenda. Well next time I am as low as I have been, I will use up every bit of the NH budget by visiitng my doctor every time. They can put me into years of psychiatric care again, and I shall take advantage of the mental health unit to stay when I am feeling unwell. I hope it costs them thousands. I have saved the NH a great deal in having friends to care for me, who look after me until I am able to get out of bed and face another miserable day. The ATOS examinor I had was pushing retirement age, obviously unsuitable for normal GP work and was rubbing his hands with glee to be able to kick someone else of the Benefits system. I am sure his bank account is nice and fat thanks to his target bonusses. May his conscience keep him awake at night as my worry does me.
I did by the way put a phone call into the IB office to make them aware of my upset over the examination tactics.... who needs the hassle and stress of all this? Certainly not me.

To be fair to the Doctor and to the DWP DM, it is very difficult to make an award without supporting medical evidence from your GP and specialist. He was correct when he said that anybody can lie in a supporting letter, particularly in the case of mental illness for the reasons mentioned by lilac_lady.

If you are feeling unwell, you need to get professional assistance. The NHS is far from perfect, but it is better than the help you will receive from unqualified friends, however well intentioned they are. Also by not using NHS services, you are not actually helping their finances in the long run. The less that people use services, the less the budget for that area will be the next year. If everybody stopped using NHS mental health services, they would eventually stop.

I hope you get the help that you need in order to manage your condition.

sunnyone

rachel6188 wrote: »

beach whats happening huni?
its disgusting..im on ib myself and at when i had my medical it got took off me iv got severe abdo pain caused by adhesions for which i have spent the last 3 years in and out of hospital with bowel obstructions and pain.
iam on morphine for the pain constantly. the ib doctor took me off it..i appealed also and got it back for another 5 years at least. my doctor put a complaint in a against the doctor as he had lied on his report...im on higher rate care and mobility of dla and im really annoyed to be honest reading devils post on how he beats the system...people who genuinely need it get taken off it and people who are faking it get it all. (not everyone who gets it is faking btw just from what devil said)
iv got depression myself as i live 24/7 in agony and its sooo hard to deal with life in general never mind anything else.
hugs huni.
rach x
p.s before i got ill i was in college and working but after spending 5 weeks in hospital with a bowel obstruction and from that point iv had 3 months at home in 1 go the rest has been in for 3 weeks home for a week and back in for another 2.
any idea whats happening next??
x

IB doctors CANNOT change anyones meds, they are not treating you, this poster must be mistaken.

sunnyone