Incapacity Benefit - Tribunal advice needed

bbq72

I do hope someone can offer some advice.

My husband has been on Incapacity Benefit since 1994. He suffers from Chronic Psychotic Illness and takes anti-psychotic medication and anti-depressants.

When he was asked to complete the form with details of his illness he filled it in stating he suffered from depression and anxiety attacks as he was unsure of his medical diagnosis – naivety on my party – I SHOULD HAVE CONTACTED OUR DOCTOR.

He had previously been to medical examination 2 years previous and his IB was continued. (for information, we’ve received a statement saying that his last medical information has been “lost”). However, he was called again in October to attend another medical exam and subsequently failed – receiving only 7 points!. When we got the report back from the doctor we were dumfounded to say the least! He has described my husband’s typical day and to say it is false is an understatement. He has my husband as a clean freak/tv/computer fanatic who socialises daily(!) and is in daily contact with his friends and family. I won’t bore you with all the details but my husband leaves the house ONCE a week when he endures a 10 min bus ride to our local supermarket where I meet him and we do the weekly shop on my way back from work. He does NOT socialise at all – he has no ‘friends’. His parents will call occasionally to check how he is – we visited them TWICE last year – we haven’t visited his brother in THREE years – and he only stays 20 miles away! My husband felt he was badgered into saying just anything to get the doctor off his back – eg the doctor asked if he liked sport, my husband replied he did not have any interest in sport, but the doctor pursued this and against asked what sport he watched and then sat saying nothing, my husband became extremely uncomfortable and said that when the Olympics was on and his wife was watching he would stop for 5 minutes to see what was going on - this has been interpreted as “avid sports fan”. I could go on…

Anyway, our doctor has provided a statement advising that of my husband’s illness but will not provide a medical report unless approached by the Tribunal Service. We have contacted the CAB and the lady advised she will get us in 10 days before the Tribunal to go through the forms. We have not received any contact since November 2008.

So we’re pretty much in limbo at the moment.

My husband’s mental condition is extremely unstable, one minute he’s full of the joys, the next he is desperately morose. I try to be as supportive as I possibly can – but he’s in a very negative frame of mind and is convinced everything is turning against him and the tribunal will be a waste of time.

If anyone could suggest a way forward from here I would be grateful. I don’t know what else to do to get medical backup, the correct advice etc.

munchings-n-crunchings

Hello bbq72,

Without delay, I would contact one of the following organisations, or even both.

Firstly, and I think this is best, there is Welfare Rights. Normally part of your County Council.
Take them all of your paperwork, they can accompany you to tribunal.

Secondly DIAL.
They are a disability information service, often staffed by trained disabled persons.

I would also suggest a letter to your MP.

That's the best advice I could give you.

Munchie.

munchings-n-crunchings

Just another thought,

You might like to place a post of the Disability and Dosh forum.
You'll find support and advice there, although we tend to lurk around both forums.

Regards

Munchie

bbq72

thanks for the advice Munchie.

My husband's getting representation for the tribunal from our local CAB. can we still contact Welfare Rights and talk to them if we are already getting someone from CAB to go to the tribunal etc?

Thanks,

BBQ

healy

bbq72 wrote: »

thanks for the advice Munchie.

My husband's getting representation for the tribunal from our local CAB. can we still contact Welfare Rights and talk to them if we are already getting someone from CAB to go to the tribunal etc?

Thanks,

BBQ

You could try but they are unlikely to want to take on the case if another advice agency is already dealing with it.

munchings-n-crunchings

If I were you, I would contact Welfare Rights, and make an appointment.
When you see then, you can say that you've been to CAB, and they are willing to attend the tribunal with you.
You have nothing to loose by getting a different perspective on things.
You don't want anything to be over looked.

You may feel it's an idea to have an appointment with WR, and then ask for a joint appointment with them and CAB. It may be that WR have a person that is experienced in these sorts of cases, or the CAB person is better.
The more information you have, the more prepared for the tribunal you'll be.

Just have a look at the following link. I do not know what forms your husband was required to fill in, but I would print the information off and take with you when you next speak to someone.
www.benefitsnow.co.uk/incapacity/incapable.asp

If you read down that page, there is a link from the words 'severe mental illness'
Click on that link and read the following page,
Here is the link just in case
www.benefitsnow.co.uk/incapacity/mentalillness.asp

This link refers to a person being exempt from the capacity to work assessment if taking long term medication with anti psychotic preparations.

This is all on the http://www.benefitsnow.co.uk website.

Maybe some of the information will be of use to you,

Good Luck

Munchie

bbq72

many many thanks for the links munchie and for the advice too.

the info on the site you mentioned makes me think that my husband should never have been made to go through this as he's been on his medication consistently for 15 years.

cheers for your help!

BBQ

munchings-n-crunchings

Hello again bbq72,

Obviously I am reading that website without having the full knowledge of your circumstances, but that is how it appears to read.
Your husband is on IB, as he has been claiming since 1994, so is not coming under the new ESA, so the links are to the correct rules.
Now you can use that information, and start asking some more specific questions of a professional.

Fingers crossed, let us know how you get on,

Munchie

bbq72

Hi again Munchie.

We just got a letter this morning to let us know when his tribunal will be so your help yesterday could not have come at a better time!

It's 13th February. A friday.

Fingers crossed!

Cheers,

bbq72

munchings-n-crunchings

So it's time to prove Friday the 13th is just rubbish.

At least you have a date to work to now, and you can start going thru your case.
Let me know what the professionals think about whether your husband should or shouldn't have been assessed, at least I'll learn something.
I would write down all of your husbands medications, and what their purpose is, and so how that relates to his assessment.

Be methodical in what you think you need in support of your case, and it's better to gather more information, than not have enough.

Good Luck,

Munchie

bbq72

Thanks again for the advice. Going to write a letter to our local MP and hand it to him tomorrow. Can anyone help with the wording of this letter - I'm not too sure what I should be asking. This is a very stressful time in our lives.