Incapacity Benefit Wrongly Stopped - Failed Medical

dmg24

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.

A quick search on welshmoneylover and depression shows exactly what said poster's thoughts are on the subject!

healy

vicx wrote: »

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.

You can obtain the appeal form GL24 online.

Here is the link:

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017514

Another way would be simply to write a letter with all your details saying you want to appeal and why.

kyasarin

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.

Ok, i concede that i was, perhaps, a little over sarcastic. I had read the post as more condescending than helpful. Maybe i'm a bit touchy today! It wasn’t my intention to cause offence.

To the OP, you have my best wishes. i really hope your appeal works out. The last thing you need is this extra stress. I suffer from depression and anxiety attacks and i know how even just small things can leave you with sleepless nights. So take care of yourself.

saintjanet

As others have advised appeal, if it is seen that the answers on your medical do not match the information you gave on your ib50 there is a good chance your appeal will be successful. If you obtain the help of a welfare advisor there will be even more chance.

Just one other point when other posters advise people that 'they may be better geting a job' i can only assume that they have never looked at the unemployment figures,or listened to various discusion shows on the radio.

2 examples one bloke applied for 600 jobs,some in his own field,others in offices,factories, shops etc. he had never been unemployed before,is skilled and educated and was invited to 7 interviews, he is still unemployed.

A lady with a law degree applied for 2 hundred jobs in offices as a clerk ,receptionist and various other jobs ,she could not find anything in law either ,still no job seven months later. Dozens of other people said the same.

None of this bodes well for the unemployed never mind the sick.


To finish there are about 400,000 jobs available, many of these part time and about six million unemployed or sick people , i have got a job at the moment but i would not like to be looking for another!! especially if i had mental health problems,for example, you are limited if you can't leave the house alone, although atos may not agree!!! and many firms freely admit that they would not consider someone with depression or similar problems.

I have no doubt that many daily mail or express readers think all you need to do is want to work and you will do, many of them have never been unemployed or have so many contacts that they find jobs that are never advertised.
Regards Jan

vicx

I received my medical report today but still no appeal form! Why does that not supprise me. It seems like they don't want me to appeal against the decision. I will just have to collect the form myself from my nearest Job Centre.

Most of the notes on my medical form that the nurse has wrote about me have been made up or twisted - which I expected. :mad:

I really wish I took a dictaphone with me to my medical to prove all these notes and answers are not the correct aswers I had given. My IB50 questionnaire that I filled in should prove this, so hopefully this will help when I appeal.

cit_k

vicx wrote: »

I received my medical report today but still no appeal form! Why does that not supprise me. It seems like they don't want me to appeal against the decision. I will just have to collect the form myself from my nearest Job Centre.

Most of the notes on my medical form that the nurse has wrote about me have been made up or twisted - which I expected. :mad:

I really wish I took a dictaphone with me to my medical to prove all these notes and answers are not the correct aswers I had given. My IB50 questionnaire that I filled in should prove this, so hopefully this will help when I appeal.

Dont tell them if you do take a dictaphone, just keep it hidden and recording.
If you tell them they wont proceed with the medical, and your benefits will be stopped.

Just record without them knowing.

Bunnie1982

I understand what you are going through, my dad has a severe heart condition and his incapacity benefit was stopped as a result of the ATOS interview because they didn't note things down that he answered "yes" to. The first he knew that his incapacity had stopped was his P45 in the post.

He appealed against it and had doctors and consultants reports to back up his appeal, however through human error his appeal documents were lost once, misfiled once and then ended up being sat on some ones desk - he ended up raising the appeal again at an escalated level and 8 months after he lost his incapacity benefit he managed to get it reinstated. During the 8 months he was put on JSA which was a very stressful time for him and only made his condition worse, the advisor he was assigned to wasn't very understanding and kept trying to put him forward for warehousing jobs - not good for someone who can't even walk up the stairs without getting pains in his chest and feeling breathless.

During all of this, it was found to be helpful if a family member went along with my dad for appeals and the such for emotional support.

I hope you manage to get this sorted quite promptly, as others have said you can get the necessary forms online.

Zara33

cit_k wrote: »

Dont tell them if you do take a dictaphone, just keep it hidden and recording.
If you tell them they wont proceed with the medical, and your benefits will be stopped.

Just record without them knowing.

Surely that is illegal

cookies29

I suffer from aniety and depression but dont claim anythnig for it as I couldnt even go thru with my doctors appointment. I got to outside the doctors and panicked and went home.

I understand the point someone made about been out of work making it all worse. If I was in work eventually I might be happier and not be so anxious about everythnig but its the first days/weeks or however long it would take for that to happen that I cant handle. At best I can make it to an interview and possibly even take a job if offered but after a few days its too much.

its hard to expalin exactly but part of it is that I feel I'm exposed to a load of people I don't know and every little thnig i do wrong is seem by everyone which then makes me make a mistake because i'm worrying so much about what can go wrong and it just gets worse the more it goes on and I'm a wreck by the time i get home.

System

Plus returning to work is only advised as being beneficial to those with MILD depression. Considering most claiming benefits will usually have more severe depression its not that valid an arguement.