Incapacity benefit - Tribunal advice needed

she2008 · 18 February 2009 at 4:33PM

Hi bbq72,
Thanks very much for informimg me what i have to do.
Im going to check to see who my local MP is. Is welfare rights the CAB?
I have to see a lady from W/Rights on the 2nd of March or do i need to change and see some body from CAB?

When i do get to see my family my brother has to drive over 40miles to pick me up
as i can't travel very well he then has to drive me home again.

I will ask my family to write letters to support me too.
My brother also takes me if i have to go to appointments etc...

I am constantly worrying, i can't sleep just feel so mentally drained.
Once again thank you for letting me know what i need to do.

I will keep you posted with my progress.

Love,

she2008.xx

bbq72 · 18 February 2009 at 4:41PM

Hi again,

Welfare rights and CAB are 2 different things but both can help you out. I'm not sure if Welfare Rights can represent you or if they just give advice but the CAB will definitely have someone who will go to your Tribunal etc and help you with your appeal.

It can't hurt to make an appointment to see both. We went to CAB for representaion but also to Welfare Rights who gave advice too.

Any more questions feel free to ask.

Let them know that all this is making your condition worse and what all this is doing to you. Also, I agree that you should maybe look into complaing about the doctor who saw you at your medical as he sounds right out of order. Anyone here know how to go about that?

Stay strong, everything will work out in your favour in the end.

BBQ72 xxx

she2008 · 18 February 2009 at 5:28PM

Hi bbq72,

Thanks again for informing me that i can see CAB too.
I will make appointment to see them in the morning, i also have to go to see my personal adviser at the job centre too.

Yes the doctor i saw,was not a nice person at all he never mentioned in my
medical report that when he told me to kneel down that my both my knees
made loud cracking noises because he said to me "my your knees are rather creaky"
which in my opinion he should have mentioned it in the report but hes wrote no problems at all.He also said my complexion was fine infact i was as white as a sheet theres just so many things that just don't add up.

Theres alot of questions he never asked me but he ticked no for the answer and hes allowed to get away with it if he asked me the questions then i would have answered yes to them and i would have passed my medical.I think he delibratly did this because he knew i would have passed and hes did it to cause me more upset and misery.Thats why im reporting him,because he will be doing it to alot more people besides me and its not fair on the people.Making them go through the ordeal of appeals ect...

she2008xx

dottyg · 22 February 2009 at 6:52PM

hi she2008, i have been reading your posts, and i feel so sorry for you. i know exactly what you are feeling, as i am in the same position. i have cfs and back problems. i had all my details returned to me on saturday, and i have been in tears ever since. the way that the doctor has put my replies across has made me out to be a lazy person, who watches tv , read magazines, and has friends round every day. that's not the case at all, it's just because i was asked if i can do these things and i honestly said yes. all the things that i can't do and the reason for not being able to work have been left out. i have a representative, who filled out the appeal form for me in the first place, but he said depending on what my gp comes back with is whether he will actually represent me and come with me to the tribunal.
i will take some advice given in other posts, like getting family and friends to write a few words for me.
i hope you get the help and outcome you deserve. take care xx

somebody_else · 22 February 2009 at 7:03PM

Just a very quick one for anyone soon due to have a benefit medical (whatever the benefit). If you are asked a question - don't just yes if you can do it.

Examples (these are questions I remember being asked at my medical) "can you lift a kettle - my answer "if I use both hands". "Can you socialise?" "Only if I rest for a couple of days beforehand, keep the visit to no more than a couple of hours, take pain-killers before I go out and have time to rest for a couple of days afterwards."

That sort of thing - if you don't qualify or expand on your answers then the examiner won't tease out further answers from you. And never, never sign a form if you don't agree with the answers. I made that mistake with my first DLA exam - the doctor paraphrased a lot of what I said, and I (foolishly) thought that whoever saw the form would 'read between the lines'. They didn't, and I was turned down and had to go to Tribunal in the end.

Sorry to butt in like this.

dottyg · 23 February 2009 at 6:18PM

hi somebody-else, thankyou for your post. I honestly think i was just unlucky with the doctor i had at my medical. i did do as you suggest and expanded my answers, but he did not write that side of it down in my report, only wrote that i could do it. i also specifically told him i have to spend at least one or two whole days in bed because i am so much more tired, but no mention of that in my report either.
i can't remember being asked for a signature at the time, as if i was, i wouldnt have signed it.
in your tribunal, did you actually have a chance to say your own piece, or was it similar to the medical where you are expected to answer yes or no to specific questions. i would be interested to know as i am absolutely dreading it, and know i am going to get myself in a state. thanks

somebody_else · 23 February 2009 at 6:38PM

dottyg wrote: »

in your tribunal, did you actually have a chance to say your own piece, or was it similar to the medical where you are expected to answer yes or no to specific questions. i would be interested to know as i am absolutely dreading it, and know i am going to get myself in a state. thanks

I have to clarify at this point - I've had one IB medical (about 11 years ago - I was awarded IB as a result of that, but I think the fact that I had a brain haemorrhage the day after might have had something to do with the decision). If I remember correctly, I also had a medical before I was awarded severe disability allowance 12 or 13 years ago - actually I might have got those the wrong way round.

I then recovered quite well from the BH and stopped my benefits and returned to full time work. I managed for about 5 years then relapsed quite severely. I went off sick 4 years ago and I'm still not much better than I was shortly after I first went sick.

I applied for DLA while I was still working, and that was the one I had to go to Tribunal for. Although it was a nerve wracking process they were very friendly and helpful. There were 3 people on the panel - 1 medical expert, 1 legal expert and 1 carers expert (and to be honest I'm not sure what she was doing there, cos she didn't seem to contribute much). I was asked a series of questions about how I went about day to day tasks - in my case (obviously I can't speak for anyone else) I felt the medical expert did go out of his way to get certain words and phrases out of me. As soon as I'd said what he wanted to hear he virtually cut me off at the knees to stop me saying any more (sorry if that's an inappropriate analogy) and moved on to the next question.

I assume the IB tribunal will be along the same lines, but I've never had to appeal for IB. My recent claims/renewals have always coincided with renewals for DLA so I just fill out the form and send it in with copies of my DLA form and the supporting statements. So far, that's been sufficient to get my award extended.

I am fairly sure, though, that you are allowed to have someone attend with you for moral support/physical assistance, so if you can do take advantage of it.

I shall keep my fingers crossed for you.

somebody_else · 23 February 2009 at 6:42PM

Oh, and don't worry about getting into a state, as long as you get to the venue. They're fairly used to dealing with people who are wound up like a spring and likely to let go with no warning. By that, I don't mean it's okay to shout and scream and eff and blind (not suggesting you might, but you never know who's reading), but if you're shaking and on the verge of tears, or even end up crying - that's fairly normal in these circs.

dottyg · 25 February 2009 at 10:48AM

hi somebody-else, sorry to hear all that you have been through.
you made me smile, just tried to picture myself effing and blinding lol. i have said to my hubby that if i arrived there, in a cab, drunk, in my nightie and entering on all fours i will definitely get awarded eh lol. joking apart, it is so unfair that people who genuinely qualify have to fight for it. thanks one again for your help - dotty

black_paw · 27 February 2009 at 1:00AM

at the tribunal, when i came out of room , another chap followed me and over took as im very slow walking. as i filed in form to claim back fares, the tall chap layed down on the grubby floor and moaned and rolled about shut eyes and just layed there , no one took any notice , after 10 mins the reception lady asked it he still looked alive ? i said think he gone to sleep , she just said mmmm, no one came out to see him ,considering lots med doctor there ..so seems what ever you do no one takes a blind bit of notice !! he had bad back spoke to him before he went in ! he looked so back i think he should had ambulance.