Incapacity Benefit Review in Spain

glitterygert

Hi all, Just joined, and wanted some advice, my son has been sufferring from spontaneous pnuemathoraxs (Both his lungs collapsing, or sometimes just one) and has had several hospital admissions for chest drains, at the time he was on JSA,, however he was not capable for work and went on the sick, as he does not have enough stamps. I think he was getting income support. He recently had an operation to stick his right lung, to his chest and so far this has been successful, and he is waiting to have his left lung done, he is still under the consultant at the hospital, he is also having genetic testing for Marfans, anyway he recently sent in a sick note from his doc, that he was unfit for work, "until further notice", he has filled in his incapacity for work form, and been to a medical, which he has failed and they have now stopped his money, what should we do next? any help would be appreciated .

hjb123

You need to get some help from your local Citizens Advice Bureau or Welfare Rights service who will be able to help you with the appeals process.

I understand what you must be going through having also failed my medical last year but got it reinstated on appeal.

I got help from the CAB who went through the papers with me, sent off stuff to the appeals service for me and also attended the tribunal with me - i couldnt have won it without them!

What you need to do is contact the jobcentre to say that you are appealing and they should sent you out a form to fill in - think its a GL24 - you can also pick them up at the CAB or Welfare Rights office. You have to do this within a month of the decision coming out to you. Request a copy of the medical report. You will get all the papers through eventually anyway to do with how they came to the decision but its best to get a copy of the medical report as soon as you can then you have more time to look through it.

I went through mine higlighting discrepancies in what the doctor had written - there were quite a few things that she had put in the report that werent true. The person from the CAB was able to talk me through the process and fill forms in etc.

Hope this helps,

seven-day-weekend

glitterygert wrote:

should we do next? any help would be appreciated .

APPEAL!!!!Although we haven't had to do this yet. My husband's continuing claim is still under assessment. But if it is turned down, we will appeal.

What is there to lose?

SMC_2

I agree, you should appeal. Local CAB and welfare rights can help you.

Ask the DWP for a copy of the medical report now, then you can see what errors are in it etc....

glitterygert

thank you, we have the appeal form, will ask him about cab, how do you find out about welfare rights people? thanks again.

hjb123

Look up your council website and search for welfare rights or maybe just try welfare rights in the phone book. When I looked when I was doing mine I searched on the council website and came up with them that way, but after seeing them there a couple of times I went to the CAB who were alot more helpful - though I guess it depends on the people that work there really!

neenaw_4

i can't believe they failed your son in the medical. words fail me...... collapsed lungs !!!!!!! sorry, that's no help, but i'm just shocked. definitely appeal and good luck!

glitterygert

thanks for all your comments, have sent off appeal form today, with copies of my sons future hospital appts, and written for his cpa assessment, will he get any money while the appeal is happening, and does he have to apply, if so what is the name of the benefit? all help appreciated

SMC_2

I found such a contrast when I attended my tribunal last week compared to the one 7 years ago. This time there was loads of people who were obviously ill, you could see what was wrong with them. Whereas last time you couldn't tell anything.

Just shows they are turning people down left right and centre.

healy

glitterygert wrote:

thanks for all your comments, have sent off appeal form today, with copies of my sons future hospital appts, and written for his cpa assessment, will he get any money while the appeal is happening, and does he have to apply, if so what is the name of the benefit? all help appreciated

Yes he can either apply for reduced rate ( reduced by 20% ) Income Support or Job Seekers Allowance, he needs to contact the Job Centre about this.