Incapacity failed medical

andy1976

ESA wrote: »

I dont want to take people who are incapable of work off benefit but I dont believe that just because someone says that they are incapable of work that they are incapable of work. Nor because a GP says it either. Some GP's will give a sickline for anything as evidenced by people on here saying they have thrown them away because they felt they were well enough to work and never wanted a sickline in the first place.

I very much support helping those who are ill, those who are disabled, just not those who simply dont want to work.

I'd love nothing more than to get back to work but as said earlier i just can't manage it at this moment in time.I have battled on in the past but got to a point where i was missing so many days i had to leave This was roughly 5 years ago and since my anxiety has got worse.

If a job came up in a garage opposite my house i would work all the hours god sends. Im not work shy at all and at the start of my ilness i was working 16 hour days some weeks. And tbh if i was able to get back to work id have alot more money to spend on my son and not having to watch every penny.

Lady_K

cattie wrote: »

I couldn't read through all your post as it was too long & a bit rambling. And to be honest, I fear the DWP will be of the same mind when they receive it, if this is indeed what you are going to post to them.

When writing letters to DWP it's best to keep things as short & concise as possible, using bullet points & stating only that which is necessary, as this makes things easy to read & gets the point across in a clear & understandable way.

If there is any medical evidence which wasn't given consideration, then copies of such evidence should be attached with the letter of appeal.

If you haven't sent this letter yet then the best course would be to either condense it down drastically or get some advice from an experienced welfare rights advisor about getting help with the appeal.

I think thats what I've done wrong with both my DLA application and my incapacity benefit ib50 form I typed out so much for both and now I've just sent a 7 page letter for reconsidering the dla refusal. My daughter said that she thought I could have possibly overloaded them with information. I havent heard from the ib50 form yet its only been about 3 weeks since they recieved it back. I couldnt get a cab or welfare rights officer to help due to not being able to get out and no home visits as they are cutting down on expenses like that. I've probably messed it all up myself now.

I know I've rambled on in my reconsideration letter I just listed each decision reason I dissagreed with and said why then rounded off with a letter I've probably messed the whole thing up

andy1976

Lady_K wrote: »

I think thats what I've done wrong with both my DLA application and my incapacity benefit ib50 form I typed out so much for both and now I've just sent a 7 page letter for reconsidering the dla refusal. My daughter said that she thought I could have possibly overloaded them with information. I havent heard from the ib50 form yet its only been about 3 weeks since they recieved it back. I couldnt get a cab or welfare rights officer to help due to not being able to get out and no home visits as they are cutting down on expenses like that. I've probably messed it all up myself now.

I know I've rambled on in my reconsideration letter I just listed each decision reason I dissagreed with and said why then rounded off with a letter I've probably messed the whole thing up

But thats how they make you feel...

If like me i got so upset by the whole thing i just rambled on lol

ladyrider260

Garry_Anderson wrote: »

Yep - you deserve your name

Some others seem to have the same problem with English that you do: alwaysonthego, bestpud, healy, ladyrider260 and LondonDiva.

To explain: I wrote: "the test is merely a means to get sick people off legally entitled benefits" - that simply means the test is unfair - as Queen's Counsel Mr PL Howel found out.

Indeed, my findings show that more people are failed on the test every year e.g. in 1996 there was 103,087 (15%); 1997 nearly double the number at 205,748 (20%) and 1998 it was up to 217,557 (22%).

As you've dragged my name into it merely for me giving thumbs up on a post....on the other side of the coin this figure may just be down to the system being tightened up & the rise in failed applications down to the less needy being weeded out?

As for my english...ain't nuffin rong wiv my inglish ta! Innit. I is well edookaytid. :rolleyes:

Garry_Anderson

Only 7 pages?

When I made an appeal against them stopping benefit, they sent me 38 pages of crap and twisted evidence.

They made vindictive claims and now also wanted the money which they could not get back prior to withdrawal of benefit - effectively a fine of £858, just for daring to question their judgement.

BTW: needless to say, I won.

Lady_K

I just wanted to point out that the reasons didnt even fit in with the information and answers I put on the form, I was in two minds about rounding off with a letter but I sent half of it in the end and that was long. I can't change it now though its sent and I have no expectation of it being passed during reconsideration as after them ignoring every answer I gave and re-answering it the oposite themselves it just tells me whatever I say or what is true just doesnt count

andy1976

ladyrider260 wrote: »

As you've dragged my name into it merely for me giving thumbs up on a post....on the other side of the coin this figure may just be down to the system being tightened up & the rise in failed applications down to the less needy being weeded out?

As for my english...ain't nuffin rong wiv my inglish ta! Innit. I is well edookaytid. :rolleyes:

Sure i have read somwhere the appeal numbers are up and also the success rate ?

Lady_K

Garry_Anderson wrote: »

Only 7 pages?

When I made an appeal against them stopping benefit, they sent me 38 pages of crap and twisted evidence.

They made vindictive claims and now also wanted the money which they could not get back prior to withdrawal of benefit - effectively a fine of £858, just for daring to question their judgement.

BTW: needless to say, I won.

This is just the reconsideration stage though for the 7 pages, it will probably go to appeal not sure what I'll do then. Are you saying they tried to make you pay back the benefit they gave you while it went through the appeal process?

Garry_Anderson

ladyrider260 wrote: »

As you've dragged my name into it merely for me giving thumbs up on a post....on the other side of the coin this figure may just be down to the system being tightened up & the rise in failed applications down to the less needy being weeded out?

As for my english...ain't nuffin rong wiv my inglish ta! Innit. I is well edookaytid. :rolleyes:

Lady - if it wasn't for the main *facts* that the test is subjective and the QC found out the mindset was to deny legal entitlements - then there is a possibility you may be correct.

As it is....

NASA_2

Lady_K wrote: »

This is just the reconsideration stage though for the 7 pages, it will probably go to appeal not sure what I'll do then. Are you saying they tried to make you pay back the benefit they gave you while it went through the appeal process?

You could, and maybe should, have put in the letter as a letter of appeal. It is automatically referred for a reconsideration first and then usually (When the reconsideration is turned down) for an appeal without having to put another letter in.

If you put the words 'I wish to appeal' anywhere on the letter then this will happen.