IB medical assessment

-BA-

The process is indeed more than a little draconian now and shows no sign of changing any time soon. The best advice I can offer to anyone in the situation of completing the IB50 or ESA50 or going through the appeals process is to get CAB, Welfare Rights or a similar advocacy service to support with completing the form. This also includes attending any tribunals and never take a paper tribunal if you are able to go in person.

Whilst IB is indeed a paltry some of money the sheers numbers actually claiming it are staggering and hence the almost knee jerk reaction of shifting people off it with little regard actually paid to their state of health.

A website anyone claiming sickness benefits may find useful is www.disabilityalliance.org .

josie75_2

I totally second that emweaver I had worked continuously as well only break ever had was mat leave and had been back in work 2 years before fell ill and all this claim has ever given me is more stress and strain.

honeyD

Ive finally got my letter, came about an hour ago.
Theyve failed me. I am in a state, Ive been on the phone to my CMP advisor and I guess now I have to appeal.
I have looked through the letter and it is ridiculous. I have scored 2 points, and 15 are needed to pass. The whole thing is a load of crap. The answers I have said yes to she has put no and visa versa. :mad:
I dont know what to do.
Im alone at the minute as my Husband had to go out and I cant stop crying.
They stopped my money as of yesterday so I have nothing to pay the bills with or anything. What do I do

Lucylocket01

Arrhh Honeyd I really sympathise. Ring the CAB and make an appointment. Get the ball rolling so to speak.
I'm not very good with words , but I hope it all wroks out for you. I know how upset you must be
Take Care .

-BA-

You essentially have 3 options but only two of them may be open to you:

1. You can accept the decision and file a claim for JSA (Jobseekers Allowance)
2. You can appeal the decision and file a claim for JSA. You will need to go into the jobcentre and fill out a short appeals form.
3. You can appeal the decision and file a claim for Income Support Pending Appeal Against Disallowance of Incapacity Benefit.

Number 3 comes with complications of having to be eligible for Income Support in the first place. If you husband works then you almost certainly won't be but check to make sure. The other aspect to this is that it is paid at 20% less than the current JSA amount which is roughly £11 per week less than JSA.

I would consider contacting CAB, Welfare Rights or similar and base your appeal on the medical professional actually ticking the opposite of what you replied rather than you feel the decisions were flawed. 2 points from 15 will rarely win an appeal but yours is more about the process being incorrect in the first place.

I truly wish the information I could give you was better. Your only other option would be to file a claim for ESA (the replacement to IB) under a separate and unrelated health condition.

honeyD

Thanks for the replies. Ive had some time to calm myself and have a nice cup of tea so now Ive gone through the form and marked all the wrong answers and going by this I should have had at least 23 points. I cannot believe they have done this. Even questions that I answered on the IB form are answered differently on this, it doesnt make sense! Why would I answer one way on the form then another in the interview?! Most of these questions I wasnt even asked, so how can she have answered on my behalf? She obviously knows me from the 5 minutes I sat in front of her, nevermind the last 5 years of suffering from this condition and previous medicals. I am waiting on my Husband getting home as he has gone to a volunteering job interview and we will have to chat and see where we go from here.
In no way do I accept this decision, its all lies and I wonder how that woman can sleep at night doing this to people. I knew she was a bad one as soon as she said I should get a bus over to see family over 40 miles away, that is one thing I cannot bring myself to do so I havent seen them since December when they came here.
I am dreading now writing my appeal letter, I have no idea what to write and am bad with words so it will be difficult so maybe I should contact CAB, thankyou.
I will have a read through the letter again now that my mind is clearer, I was in such a panic earlier I couldnt even find the section for info about appealing (page 2:rolleyes2).
Thankyou again for the replies, its very much appreciated.

honeyD

-BA- wrote: »

Number 3 comes with complications of having to be eligible for Income Support in the first place. If you husband works then you almost certainly won't be but check to make sure. The other aspect to this is that it is paid at 20% less than the current JSA amount which is roughly £11 per week less than JSA.
.

No, my Husband doesnt work at the moment but he is looking for work. He is at an interview to volunteer at the moment, for a job in a hospital which is sometime going to merge with another which will create jobs so he was hoping it would open a door for him. Not sure what he will do now, I know he is really wanting to do this and I dont want to have to tell him he cant right now.

-BA-

If it's voluntary it shouldn't cause a problem but it is always best to give the information in advance. It might well be worth asking about Income Support. CAB can be an excellent first port of call with regard to what you might actually be entitled too also.

josie75_2

honeyD I can totaly sympathize with you I failed mine last year and Im sorry to inform you am still appealing since last June thats how long it takes especially if goes to tribunal - call a local law centre or the CAB i say law centre first cause they can advise you over the phone.

First you need to reply with an appeal letter to them and I would get help with this maybe even a free hour with any solicitor could get you in right direction of putting the letter together.

I know what you mean though how can someone who sits on a room for 5 mins with you make these decisions but they dont ask you all the questions u know they can decide how far you walk by watching how far you walk into the room in first instant. How well you can sit while your in there. Everything you do physically in the interview is noted as well as your answers to certain questions they only ask the ones they deem fit, least did in mine.

Im so sorry I know this will cause you more undue stress and worry which doesnt help when your not well.

-BA-

Josie is right. Law centres are excellent and another good source of advice. If mobility is an issue Welfare Rights advisors will also do home visits.

http://www.lawcentres.org.uk/