ESA from Incapacity Benefit

ken1414

Hope someone can be of assistance.

A friend is long term sick and was on incapacity benefit. She was asked to attend a medical which was cancelled on the day by a phone call as doctor off sick. No new appointment was made and benefit was stopped for not attending medical. This apparently means she is well enough to work! Letters exchanged and this is now subject to appeal.

In the meantime told to apply for ESA. This has been now refused as no NI contributions in last 2 years. This is riduculous. Doesn't getting incapacity benefit for last 5 years credit NI contribution? If not then there is a clear incentive not to try going back to work. If it goes wrong or illness reoccurs she will not get any benefit as she has savings and is married which will exclude all means tested benefits.

She has also been sent a standard letter saying that she will go back on incapacity benefit if unwell within 2 months of it being stopped. Benefits office claim no knowledge of this and insist she must apply for ESA! She has a sick not from her GP dated same day as cancelled medical but this is irrelevant.

Personally I feel like throttlingt the benefits staff I have spoken to. If they have made mistakes then they have clealry harrassed her, a criminal offence, by their actions but apparently no one is interested!

NASA_2

If the IB has been stopped then ESA can be claimed, and seems it was in this case, but not enough NIC's have been made. IB credits on their own do not qualify you for another contribution based benefit - why isnt she entitled to an income based benefit? Is her partner in f/t work or something?

dmg24

ESA wrote: »

If the IB has been stopped then ESA can be claimed, and seems it was in this case, but not enough NIC's have been made. IB credits on their own do not qualify you for another contribution based benefit - why isnt she entitled to an income based benefit? Is her partner in f/t work or something?

Looks like it ...

she has savings and is married which will exclude all means tested benefits

OP, whilst the situation may be very frustrating, your comments about throttling the benefits staff are not at all constructive. Furthermore, if you believe that a criminal offence has been committed, then surely you would contact the police?

Garry_Anderson

ken1414 wrote: »

A friend is long term sick and was on incapacity benefit. She was asked to attend a medical which was cancelled on the day by a phone call as doctor off sick. No new appointment was made and benefit was stopped for not attending medical. This apparently means she is well enough to work! Letters exchanged and this is now subject to appeal.

Sounds like a new type of scam to get people off incapacity benefit - it shouldn't have even got to appeal stage - just had a new date for the medical.

http://www.news-medical.net/news/2006/07/11/18814.aspx

I wish your friend good luck Ken

ken1414

Oh dear that sounds like a lawyers response to me. Quite happy to quote all the rules to dismiss and obstruct others genuine claims but not very happy when someone does the same to you.

What makes you think any care would be available in the first place for a fatal illness? By definition it is fatal so care would not save you. In fact it might make your quality of life far worse at great expense to others as many cancer treatments do

I work in the NHS and can assure that care is regularly denied for no valid reason apart from prejudice or government target setting. Just as those with mental health problems are targeted every day by others who can't understand mental health problems so simply call those affected liars.

1 in 4 get mental health problems. Most don't get any help or support. I deem withholding Incapacity Benefit illegally to be a denial of basic care but you appear to think it perfectly reasonable under the rules.

Why should I not take a different view to you over providing pain relief or cancer drugs. There are very few absolutes in medical care. No one can prove whether care works or not in individual cases so why provide any care?

ken1414

You base your allegation of xenophobia on what precisely? That I believe that those who enter the country illegally should receive no benefit from the state as they have no right to be here? Instead those who should receive benefits are those who have contributed towards the system.

Rules is rules and if you break them you should be punished not rewarded. Perhaps if the courts in this country upheld the law rather then perverting the will of parliament the country would be a better place. Mental health problems clearly fall under the definition of a disability, and are a recognised illness with defined criteria, but you wouldn't know this if you just looked at court's rulings. xenophobia? maybe the courts will start employing witchfinders to hunt down and kill those they dislike as in the past?

Whats next illegal immigrants building shanty towns as it is racist to expect them to follow planning law? Oh I forget we are already there with the unauthorised traveller sites popping up everywhere.

Muslim courts. Got that.

Extra assistance and priority for those who can't speak english. got that.

All imposed upon us by lawyers and courts, paid for at great public expense, whilst those who are born here are abused and denied access to the law as we can't pay the £300+ hourly rates of lawyers.

And they wonder why people vote for the BNP? Up the revolution!

This is way off topic now and not worth discussing further.

parsonswife8

Well, I am so glad that I read this thread earlier on this week and once again, this morning.
I turned up for my ATOS medical appointment this afternoon and was told, Oh, your appointment has been cancelled, we tried to phone you within a reasonable time before you would have left, but the phone just rang and rang.
I nearly went beserk in there.
I said, Oh really?
Checked the phone number and they had one from 3 years ago.
Oh, they said, you haven't updated your records.
Really, I said, then how come you have my correct address and my change of name since my marriage three years ago.
I said, if I had changed those details i would have changed my phone numbers too, I am not an idiot.
The person behind the desk does not want to know. It is my own fault that they couldn't contact me.
Right says I, bring me the manager.
Response, no manager.
Calls colleague...can you explain to her (HER?) what I have just told her?
My response, can you tell her what I have just told you?
I refuse to leave until they stamp and sign my letter to say that I arrived 20 minutes in advance of the appointment and that I have been told that it has been cancelled, without me being notified.
I get told, oh there are doctors off sick...you wouldn't like to get swine flu would you?
My husband had to hold me back from my attempt to climb the desk.
Result, I was suddenly checked in for an appointment and told I may have to wait for 45 minutes.
So what, said I, I am not leaving here until I see somebody.
Result...15 minutes later, saw a really well mannered, well spoken doctor and had my appointment met.
And lo and behold, the telephone number on the forms that I had previously filled in was correct and my mobile number was on them too.
I am a hard nailed woman due to the type of job I used to do, in credit control and have always stood up for myself. I just refused to roll over and die and be forced to apply for the new benefit.
I have letters from consultants re my various problems and a large bag of medicines and I refuse to be shafted by whoever is trying it on here.
When there are people who have never worked a day in their lives, who get free housing and churn out a child a year, who are drug addicts etc, I will do what I have to, to fight for what I am entitled to, through ill health.
I think what is happening with ATOS, should be brought to the attention of a National newspaper to investigate, because what is happening is a disgrace.
That Clive Purnell or whatever his name is, should be shot.
By the time my blood pressure was taken, some half hour later, it was much higher then it should have been, as I am on medication for high blood pressure.
Thanks ATOS, you are indeed a bunch of to-se-s.

Garry_Anderson

parsonswife8 wrote: »

Well, I am so glad that I read this thread earlier on this week and once again, this morning.
I turned up for my ATOS medical appointment this afternoon and was told, Oh, your appointment has been cancelled, we tried to phone you within a reasonable time before you would have left, but the phone just rang and rang.
I nearly went beserk in there.
I said, Oh really?
Checked the phone number and they had one from 3 years ago.
Oh, they said, you haven't updated your records.
Really, I said, then how come you have my correct address and my change of name since my marriage three years ago.
I said, if I had changed those details i would have changed my phone numbers too, I am not an idiot.
The person behind the desk does not want to know. It is my own fault that they couldn't contact me.
Right says I, bring me the manager.
Response, no manager.
Calls colleague...can you explain to her (HER?) what I have just told her?
My response, can you tell her what I have just told you?
I refuse to leave until they stamp and sign my letter to say that I arrived 20 minutes in advance of the appointment and that I have been told that it has been cancelled, without me being notified.
I get told, oh there are doctors off sick...you wouldn't like to get swine flu would you?
My husband had to hold me back from my attempt to climb the desk.
Result, I was suddenly checked in for an appointment and told I may have to wait for 45 minutes.
So what, said I, I am not leaving here until I see somebody.
Result...15 minutes later, saw a really well mannered, well spoken doctor and had my appointment met.
And lo and behold, the telephone number on the forms that I had previously filled in was correct and my mobile number was on them too.
I am a hard nailed woman due to the type of job I used to do, in credit control and have always stood up for myself. I just refused to roll over and die and be forced to apply for the new benefit.
I have letters from consultants re my various problems and a large bag of medicines and I refuse to be shafted by whoever is trying it on here.
When there are people who have never worked a day in their lives, who get free housing and churn out a child a year, who are drug addicts etc, I will do what I have to, to fight for what I am entitled to, through ill health.
I think what is happening with ATOS, should be brought to the attention of a National newspaper to investigate, because what is happening is a disgrace.
That Clive Purnell or whatever his name is, should be shot.
By the time my blood pressure was taken, some half hour later, it was much higher then it should have been, as I am on medication for high blood pressure.
Thanks ATOS, you are indeed a bunch of to-se-s.

Dear Parsons Wife - unfortunately we cannot trust those in authority - as we have seen on the threads here - so I am pleased you got seen.

They rely on the fact that many people are not well and therefore cannot fight back - it can take deep resolve, such as you displayed, to get your legal entitlement.

It nearly killed me going to tribunal after they stopped my IB - for not getting better, believe it or not (some detail on my website skilful.com).

Nobody really wants to know about these 'problems' - indeed they are happy to let it continue because it saves on government spending (the only time it is not called 'investment') - until it happens to them - of course.

So no newspaper is ever going to investigate.

parsonswife8

If I get a negative result, then I will get some newspaper to investigate, I assure you of that.:mad: