Incapacity Benefit Wrongly Stopped - Failed Medical

vicx

Hello all, I'm new to this website and hoping someone can give me some advice. I've searched through the forum but can't seem to find any posts relating to my problem.

I've been claiming Incapacity Benefit as I suffer with severe depression and anxiety. I was called for a Medical wih ATOS which I attended 6 weeks ago. The doctor was asking me alot of questions about my illness and how it affects me etc. I got myself upset talking about how I feel and the questions made me burst into tears, she could see I am very depressed but didnt take my problems seriously.

I receieved a letter over a week ago to say I am no longer entitled to Incapacity Benefit (from the date of my medical 6 weeks ago) as I did not score enough points in my medical. To work out my points they used the information from the questionnaire I filled in and the report of the medical assessment.

There is a section in the letter which shows the points they have given me. To pass the medical you have to score a minimum of 10 points but I only received 5 points. I've looked through the medical assessment and most of the questions I answered 'yes' to have been wrongly answered by the doctor so I have been cheated by a futher 13 points. I have contacted DWP by phone three times now to ask for a form to be sent out so I can appeal against the decision but I have still not received it.

They are obviously cheating people who are off sick with depression to get them off Incapacity and back to work but what about people like myself who really does suffer with depression. They have stopped my benefit so I am now not receiving any money at all. I am too unwell to claim JSA so I am having to live off my savings at the moment until I can finally appeal against the decision. The stress of this has made my condition alot worse.

Has anyone else here had their benefit wrongly stopped due to the ATOS doctor not answering the questions correctly? If so, did you win the appeal?

Thank you for any help / advice.

nogginthenog

download form GL24

Do it online


Appeal against a benefit decision (leaflet GL24)

If you do not agree with a decision made by the Jobcentre Plus or Pensions Service about a social security benefit you have claimed or are receiving, then you can usually ask an independent tribunal to decide whether or not the decision is correct.

Overview

Leaflet GL24, 'If you think our decision is wrong', gives information on what you can do if you have applied for a social security benefit, but think a decision is wrong. The leaflet explains what you can do for different types of benefit decisions.

How to use this service

To access the leaflet you will need a copy of Adobe Reader. Information on how to download this for free is available on the right panel of this page.

• If you think our decision is wrong; leaflet GL24 (PDF, 195K) Opens new window
• Child maintenance decisions - clients since 3 March 2003 Opens new window
• Child maintenance decisions - clients before 3 March 2003 Opens new window
• Appeals against Working Tax Credit and Child Tax Credit decisions Opens new window
• Appeals against Child Benefit and Guardians Allowance decisions Opens new window

More useful links

• Money, tax and benefits
• Department for Work and Pensions

welshmoneylover

Perhaps there is a chink of light out of all this... have u considered that not having a job can be making you feel depressed. I'm sure if you went to work your self esteem would be boosted no end and you may even make some friends.

Surely thats got to be better than sitting inlooking at four walls.
hth

vicx

Your right, it's not doing me any good but when you have depression it is very hard to do simple everyday tasks let alone go out and look for a job. I wan't to go back to work but at the moment I am not ready to do so, it would only make my depression worse. I am just annonyed that they have answered my questions incorrectly to stop my benefit and get me back to work. It is quite clear that they are targetting everyone with depression. Yes, there is probably alot of people out there that are playing along with depression so they don't have to work, but I am not one of them. My depression is very serious. My own doctor is very understanding and helpful, she knows I am not ready to go out and look for a job so why does ATOS think I am? I think it is disgusting that they wrongly answer the questions to get people back to work, they should take peoples illnesses more serious.

kyasarin

welshmoneylover wrote: »

Perhaps there is a chink of light out of all this... have u considered that not having a job can be making you feel depressed. I'm sure if you went to work your self esteem would be boosted no end and you may even make some friends.

Surely thats got to be better than sitting inlooking at four walls.
hth

Wow, getting over depression is that easy? You have cured us all. Well done!!

vicshippers

kyasarin wrote: »

Wow, getting over depression is that easy? You have cured us all. Well done!!

That's a little over the top - maybe he was just trying to be positive! He didn't imply it would cure the OP in any way...his post actually came across to me as rather supportive.

Some things are lost in the text sometimes - it all depends on how you read it maybe.

healy

vicshippers wrote: »

That's a little over the top - maybe he was just trying to be positive! He didn't imply it would cure the OP in any way...his post actually came across to me as rather supportive.

Some things are lost in the text sometimes - it all depends on how you read it maybe.

Yes that post was more polite, but there have been many less polite and sometimes unpleasant posts from WML on other threads.

cit_k

To O/P
You can claim either reduced rate income support, or esa whilst you are appealing.

Yes, many people have had their benefits stopped due to a ATOS examiner (not all are doctors, some are nurses, some are doctors that have had their approval revoked, or who have retired) not conducting an accurate assessment.

Its happened to me several times, won each time at appeal.( to be more precise - EVERY TIME ATOS CONDUCTS A MEDICAL it happens to me)

I would *strongly* suggest three things.

1 - Find a welfare rights advisor, or CAB that can help
2 - Ring up the IB people and ask for a full copy of the medical report
* - NOTE - prepare yourself, it is likely to leave you in a bad state, especially if depressed as it is highly likely the report will contain many inconsitancies, untruthes and basically will leave you in shock. Be prepared for that possiblity before you read it, and dont take it to heart, it happens to lots of people. If the report is like that then look at it this way, it will help to go in you favour at appeal as the tribunal should have no problem finding the report to be unreliable evidence. Tribunals are well aware of the nature of many of atos's reports, and it wont come as a shock to them.
If your depression is really bad, you may want to ask the welfare rights advisor or a doctor to read it instead, or wait till you are having a better day, as the reports are not pleasant when you have been to one of those medicals and had to bare your sole, just to read that the examiner twisted what you said, reported the opposite, ignored many things, and sometimes even made things up.

3 - Get a claim in for ESA or reduced rate income support, so you have some money coming in.

ps - if you were getting other benefits, once you have lodged your appeal you should ring up the other departments to tell them you have appealed and claiming whatever you are now (ring housing benefits, council for council tax etc if getting benefits for them)

A welfare rights advisor (free) can give you more help with all of this.

Book an appointment to see a doctor to tell them what has happened,and how you feel about it, and if you are claiming esa, you will probably need a sick note from the doctor.

Good luck, remember the success rate at appeals is pretty high (higher still if you go with a welfare rights advisor or cab person to the appeal).

Let us know how things go..

cit_k

ps - O/P - re not getting the appeal form sent to you by the dwp.

If their is a jobcentre near you, go down, and pick one up there, they usually have them on display (its the what to do if you think our decision is wrong leaflet) or just ask someone and they will give you the form straight away.

vicx

Thank you for all the help and advice.

Cit_k, Thanks for your helpful post. When I phoned DWP today for the 3rd time to request the GL24 appeal form, the lady I spoke to said she would send out a copy of the medical report. She advised me to claim JSA (has it changed to ESA?) while appealing so I would still get National Insurance Credits. But as I said I am too unwell to be actively seeking employment so really I am not entitled to claim it which is why I am just going to claim Income Support at the reduced rate once I send my appeal in. If the appeal form does not arrive by tomorrow I will pop into my local job centre so I get the appeal in as soon as possible.

I don't receive any other benefits as I am currently living with my parents who are both in full time employment. I was looking into going to college in september to do a night course, maybe twice a week which would probably help with my depression and help me get back into employment but with my benefit been wrongly stopped it has knocked me right back again.

My doctor is currently on maternity leave at the moment so I've had to book an appointment with another doctor. She was the only doctor I felt comfortable talking to, as she knew how I was feeling and was very understanding. When my Incapacity Benefit was wrongly stopped 6 month ago due to the same reason, she sent a good report in to help win my appeal but she is on leave so I'm just hoping my new doctor will be as supportive and understanding.

I will let you know how things go.

Thanks again to all who have replied.

cit_k

vicx wrote: »

When I phoned DWP today for the 3rd time to request the GL24 appeal form, the lady I spoke to said she would send out a copy of the medical report. She advised me to claim JSA (has it changed to ESA?) while appealing so I would still get National Insurance Credits.

The dwp seem to consistently forget to tell you that you can claim for esa (they usually try to push me onto jsa, sometimes, rarely you get a good one who tells the truth and explains all options, but its rare for me to get that happening)

A welfare rights advisor can give one to one advise as to which benefit is best for your particular circumstances.

edit - the only drawback about a esa claim is it could involve yet another medical, however, as you now know how those can go, it wont be so bad if they do the same again, you will be expecting it to happen (if it doesnt, its a nice suprise, if it does, well you knew it would!). If you win the IB appeal, you can get the esa closed and go back to IB.