Incapacity Benefit and Employment and support Allowance

Jennywren3

I have just had my incapacity benefit stopped after a medical with a polish doctor with limited english language .
I asked for my situation to be reveiwed as both my doctor and myself dont feel I am fit enough for paid work .She has just given me a sick note for 3months and written a supporting letter .I am told it doesnt count .
I suffer severe anxiety and depression cant go far on my own and suicidal OCD I dont infact want to die .
I am not lazy and have worked most of my life til this happened and do a few days vol work a week but couldnt cope with the pressure of full employment.
I have had to apply for Employment and support allowance the new incapacity benefit which they want everybody on I am however not entitled to it as it is means tested I have a small pension being retired from teaching early because of my copndition How can I be sick to being accepted on the new benefit (although I cant get it ) but fit enough for work so having my incapacity benefit stopped
I now have to go to an apppeals tribunial All this is making my feel so ill any one in same situation or can suggest any help

Jules

Have you appealled your IB decision? You have 1 month from the date of the decision.
Get along to your local Citizens Advice Bureau they may have an appeals tribunal worker who will help you with the appeal and hopefully accompany you. Even if they don't they will be able to give you the advice as to how to go about it. You will have the choice of a paper appeal or an oral hearing, you should go for the oral hearing as very rarely do paper appeals succeed. If you are there in person you can explain it like it is!

You need to get all the appeal asscoiated paperwork from them including the medical evidence, the fact that your doctor is supportive is great.

Get onto CAB first thing tomorrow.

HTH
Jules

Jennywren3

Thanks I just find it very worrying that a sick note means nothing

NASA_2

Jennywren3 wrote: »

How can I be sick to being accepted on the new benefit (although I cant get it ) but fit enough for work so having my incapacity benefit stopped

Because, IMO, the government erred when they didnt make it so that a disallowance of IB counted as a disallowance of ESA. IMO anyone who claims ESA within six months of an IB disallowance should have to go to a decision maker.

Jennywren3

So are you saying it will be best not to claim Employment and support as it will look like I am fit for work Concerned about getting my stamp paid I am only 8 months off my pension

rosalie-lavender

Have you tried applying for disability living allowance? My husband has bi-polar and has just heard that his claim has been succesful. His cpn helped him fill all the forms in for it. It isn't means tested so if you get granted it then it won't be affected by your pension.

Your symptoms sound similar to my husbands so if you haven't already claimed it try looking into it. I certainly agree that going to the cab is a good idea. They were very helpful when my husband went to them.

NASA_2

Jennywren3 wrote: »

So are you saying it will be best not to claim Employment and support as it will look like I am fit for work Concerned about getting my stamp paid I am only 8 months off my pension

By all means continue the claim - I just think that the rules should be a bit harder when someone has been disallowed one sickness benefit only to claim the other the next day.

Jennywren3

Yes thats what doent make sence I will look up Disablity Living allownce I just thought if I claimed for Employment support they would think I was fit enough to work and I am not

NASA_2

ESA is a sickness benefit so by claiming it you are pretty much saying you arent fit for work.

Jennywren3

Thanks Thats great I understand now

rosalie-lavender

You can apply for disability living allowance as well as esa so it is still worth you looking into dla. Get somone to help you fill in the form, if you have one your cpn might help or if not the cab will probably help. I am sure the backing of my husband's cpn helped my him to have a succesful outcome to his claim.