Incapacity Medical-what happens if you fail?

divastrop

hi, I have a medical on wednesday as I have been getting income support on the gorunds of sickness since 2006. I have anxiety and depression.
I am aware the DWP are trying to get as many people off of benefits as possible at the moment so I am worried about the medical as it is, but the main concern I have is what exactly happens if you fail the medical. Do they stop your benefit from the date of the medical or from the date the letter informing you of such is sent out? If its from the day of the medical then would you have to pay back any benefits you get in the meantime? Also, if you fail and they take a few weeks to inform you, how soon can you apply for JSA ? can it be backdated?
If anybody can help it would be great , thanks.

cifpower

AFAIAA, if you fail your benefits will stop from the date of the decision not the date of the medical. You can appeal the decision but you will receive a deduction in your benefits while that goes through. If you do not appeal and claim JSA that will be paid from when you claim but there is a 3 day waiting period.

healy

divastrop wrote: »

hi, I have a medical on wednesday as I have been getting income support on the gorunds of sickness since 2006. I have anxiety and depression.
I am aware the DWP are trying to get as many people off of benefits as possible at the moment so I am worried about the medical as it is, but the main concern I have is what exactly happens if you fail the medical. Do they stop your benefit from the date of the medical or from the date the letter informing you of such is sent out? If its from the day of the medical then would you have to pay back any benefits you get in the meantime? Also, if you fail and they take a few weeks to inform you, how soon can you apply for JSA ? can it be backdated?
If anybody can help it would be great , thanks.

If you fail the medical your benefit will be stopped from the date of the decision letter. You would not have to pay any benefits back.

The letter is usually sent straight away once it has been written.

If you fail you can claim IS at a reduced rate, JSA at the full rate or you can make a claim for ESA whilst you appeal.

cit_k

Chances are if you fail, your money will stop first, and then later, you will get the letter telling you what happened. I cant recall ever being told in advance, they have always just killed the money going into the bank, and then written some time after the event. They are not supposed to, but Im used to them messing up.

divastrop

thanks for your replies, I am relieved to know I would not have to pay any money back although I imagine they would stop it as quickly as possible.
I don't know if I would appeal or not, I am due to start a higher education course in september and was going to come off IS voluntarily then anyway. The course is only one day a week and a few hours placement which I feel would be manageable and a good way to aid my recovery in preparation for eventually going back to work. I know at this time I would not be able to cope with paid employment but I am trying my best to work towards getting better and any major financial changes at the moment have the potential to send me back into severe depression.

NASA_2

cit_k wrote: »

Chances are if you fail, your money will stop first, and then later, you will get the letter telling you what happened. I cant recall ever being told in advance, they have always just killed the money going into the bank, and then written some time after the event. They are not supposed to, but Im used to them messing up.

The benefit has to be disallowed first before the letter can go out saying it is disallowed. Otherwise there is no decision to be notified of.

To the OP - You can appeal IB and either receive reduced rate of Income Support or you can also claim the full rate of ESA but you will need to start sending sicklines again and satisfy the WCA when the time arrives.

There is also the option of claiming JSA.

divastrop

Hi, I had the medical last weds, now it's just the waiting game for the dreaded letter. I am 99% certain I will have failed, so I am now wondering how long JSA claims take to process roughly? I am worried about being without money for a long period as we have children to support. I get CTC so they will at least be able to eat but I get worried about not paying bills etc on time

dmg24

Why are you so sure that you have failed?

divastrop

dmg24 wrote: »

Why are you so sure that you have failed?

cos it's the first one I've had since I started college and ever since I had the interview with the PA in september I've been waiting for them to tell me I'm not entitled to IS anymore as if I can go to college then I can go to work(from their point of view). plus it was really difficult to understand what the doctor was asking me and every time I started to speak he cut me off and either contradicted me or moved on to something else. I was in there 35 minutes though.

dmg24

divastrop wrote: »

cos it's the first one I've had since I started college and ever since I had the interview with the PA in september I've been waiting for them to tell me I'm not entitled to IS anymore as if I can go to college then I can go to work(from their point of view). plus it was really difficult to understand what the doctor was asking me and every time I started to speak he cut me off and either contradicted me or moved on to something else. I was in there 35 minutes though.

I know it is difficult, but it is possible that a negative attitude could have influenced your 'performance' in your medical. The only reason that the JCP will take that attitude towards you going to college is if doing so means that you can do something you claim you cannot.

If you do not pass the medical, and you feel that you should still be entitled to IB/ IS, it would probably be best to take some impartial advice before appealing.

divastrop

I did focus on what I find difficult and explained that the tutor at college was made aware of my issues at the start of the course and I have extra support etc. I don't think there would be any point in appealing as I am starting a foundation degree in september and so will be going on to student finance (hopefully). I am just so worried about all this financial stuff .I don't want to end up getting really bad again when I am trying to get on and help myself by improving my education and trying to mix with people again. I know I can manage without the disability premium it's just the waiting period between benefits which bothers me, especially when I read about people waiting 6-8 weeks for their JSA payments