Help my parents

connor1198

Hello, my father is unemployed. He has just had to go through an ordeal of a tribunal to justify why he cannot work as he has had depression, anxiety and a few other problems. He lost his home and had to declare himself bankrupt some 10 years ago but it is something he never got over. He had to attend the tribunal and there were three people present. The two were fine and then walked in was the benefits lady, who he did not get her name. She was firing questions at him like "can you hold a glass of water" can you hold a carrot, if you answer yes to those questions then that means he can go back to work. He walked out half way through the "grilling" as he felt faint and could not breath properly. He has since received a letter to say that they are now stopping all his money that he was receiving and will also have to repay back the monies from September 2009. They do not have enough money to pay their bills and so make a choice to pay their bills rather than go shopping. They have a local shop where they put things down on credit until they build up some money throughout the month to pay it off. Also he has just received some money to do with his miners claim, he received £1000 and was told now by the benefits office that because of this new money he has been overpaid and now has to pay back the benefits department £900. Its absolutely disgusting and he is in a terrible state over all this. He has 28 days to appeal. Who can he take with him to the appeal and also why ask those stupid questions. The benefits department do not realise what they put genuine people through. My father would love to go back to work he is only 56 years old but the more he gets in a mess with money and letters from the benefits office the more he gets depressed and more anxious. can you give any advice to help thank you.

healy

connor1198 wrote: »

Hello, my father is unemployed. He has just had to go through an ordeal of a tribunal to justify why he cannot work as he has had depression, anxiety and a few other problems. He lost his home and had to declare himself bankrupt some 10 years ago but it is something he never got over. He had to attend the tribunal and there were three people present. The two were fine and then walked in was the benefits lady, who he did not get her name. She was firing questions at him like "can you hold a glass of water" can you hold a carrot, if you answer yes to those questions then that means he can go back to work. He walked out half way through the "grilling" as he felt faint and could not breath properly. He has since received a letter to say that they are now stopping all his money that he was receiving and will also have to repay back the monies from September 2009. They do not have enough money to pay their bills and so make a choice to pay their bills rather than go shopping. They have a local shop where they put things down on credit until they build up some money throughout the month to pay it off. Also he has just received some money to do with his miners claim, he received £1000 and was told now by the benefits office that because of this new money he has been overpaid and now has to pay back the benefits department £900. Its absolutely disgusting and he is in a terrible state over all this. He has 28 days to appeal. Who can he take with him to the appeal and also why ask those stupid questions. The benefits department do not realise what they put genuine people through. My father would love to go back to work he is only 56 years old but the more he gets in a mess with money and letters from the benefits office the more he gets depressed and more anxious. can you give any advice to help thank you.

From your post it is not clear which benefits you are talking about as you have not said, but I guess you are talking about IB/IS/ESA.

In any case it would be best to get help from a welfare rights officer. These can be found at the CAB, local Council and disability organisations such as DIAL. They will be able to help with any claims or appeals.

Oldernotwiser

What medical backup does your father have with this - either from his GP or the appropriate specialist(s)?

viktory

I do rather object to the tone of your post - I appreciate you are concerned for your father, but the questions that were asked sound perfectly reasonable to me. Sounds like your father did not do his homework before the tribunal and therefore had no idea what to expect. If he was taken ill during the interview, he should have explained and asked for a brief recess so he could gather his thoughts. Simply walking out is rather childish and I think stopping his benefits is reasonable - he has not demonstrated that he is entitled to them. Plus, you state that he had depression, anxiety and a few other problems. Does this mean he is OK now?

If it has been decided that he is not entitled to means tested benefits then it is perfectly reasonable that he is expected to repay any overpayments and then use his own money (including that from ongoing claims) to live on. If your father is not happy with the decision then he needs to appeal, but I would suggest he gets some impartial advice before he does.

Finally, the benefits department have a duty to ensure that genuine claimants get the help they need - and therefore have to follow certain procedures. There is plenty of help and assistance out there for genuine claimants - if they bother to look for it.

caela_2

viktory wrote: »

I do rather object to the tone of your post - I appreciate you are concerned for your father, but the questions that were asked sound perfectly reasonable to me. Sounds like your father did not do his homework before the tribunal and therefore had no idea what to expect. If he was taken ill during the interview, he should have explained and asked for a brief recess so he could gather his thoughts. Simply walking out is rather childish and I think stopping his benefits is reasonable - he has not demonstrated that he is entitled to them. Plus, you state that he had depression, anxiety and a few other problems. Does this mean he is OK now?

If it has been decided that he is not entitled to means tested benefits then it is perfectly reasonable that he is expected to repay any overpayments and then use his own money (including that from ongoing claims) to live on. If your father is not happy with the decision then he needs to appeal, but I would suggest he gets some impartial advice before he does.

Finally, the benefits department have a duty to ensure that genuine claimants get the help they need - and therefore have to follow certain procedures. There is plenty of help and assistance out there for genuine claimants - if they bother to look for it.

Actually, the benefits tribunal set you up and try to ask leading questions to trap you into certain answers. I know, I've been to a tribunal and they're terrible. You have to clarify all the time 'no, this is what I mean' or they try to put words in your mouth. It's very stressful and I can understand why he walked out and to be honest, it's not childish, it's actually an exhibition of his syptoms (he was too stress, which must have affected his mental health and he left). This should have been taken into account in the tribunal decision and worked towards, rather than against, getting him benefits as it demonstrates that he is not even able to sit through the tribunal, let alone hold down a job.

caela_2

Hiya,

I really hope you decide to appeal the decision if you are able to. I have been through a tribunal and it is a lot of hard work, so I can appreciate what you're going through. Any medical evidence will greatly help your father with his case, so he should visit his GP and clearly state all his mental health problems- anxiety, fatigue, depression, stress, etc. It may help to keep a diary of his thoughts and daily difficulties so he can better explain to his doctor as I know they don't give you a lot of time to go through things. He can even ask to take a Becks Depression Inventory (just a depression questionnarie basically) to see if he fits the criteria. Do not, in any circumstances, rely on the doctors the DLA provide as they literally make up the report. Mine just lied on my report lol I asked to see it, it was a complete joke.


I would also recommend talking to someone from MIND, citizens advice bureau or DIAL. They may also accompany you to the appeal. There are lots of good notes on this website for how to sit a tribunal, I would have a look through and read about other people's experiences. Let me know how it goes, if you want any help I don't mind you messaging me I will try to tell you about my experience and see if I can assist you in anyway. I know it can be terribly stressful.

seven-day-weekend

I'm afraid I agree with Viktory. By walking out of the medical, your father has negated his claim as he has not shown willing to do what is required of him. By walking out he has not complied with the conditions connected with his claim.. At the very least he could have said that he had to get out and would come back shortly. If he needed support in the medical he should have taken someone with him.

I do know what I'm talking about as my husband is on IB for stress and depression and has had to attend medicals, he has found them stressful and after the last one he was shaking so much he couldn't drive for about two hours.

However, of course the DWP have to make sure that you are still entitled to the Benefits and this is the way they do them. I for one do not subscribe to the theory that they ask you 'trick' questions; however I appreciate that someone feeling stressed and pressured may get into a muddle with the answers.

I definitely think he should appeal and this time ask someone to come with him, as others have suggested. I hope he gets his money re-instated.

viktory

caela wrote: »

This should have been taken into account in the tribunal decision and worked towards, rather than against, getting him benefits as it demonstrates that he is not even able to sit through the tribunal, let alone hold down a job.

Of course it shouldn't. If this were the case everyone would be walking out of tribunals left, right and centre, then claiming this as 'evidence' that they cannot work!

ETA: Are you allowed to record proceedings?

seven-day-weekend

viktory wrote: »

Of course it shouldn't. If this were the case everyone would be walking out of tribunals left, right and centre, then claiming this as 'evidence' that they cannot work!

ETA: Are you allowed to record proceedingsQUOTE]

Not unless it is on equipment and under conditions pre-approved by the DWP.

You don't need to record it. Just take someone with you and they will be a witness to what you said, should the information be needed.

AsknAnswer2

You can only appeal the tribunal's decision if they erred on a point of law. As your father walked out of the tribunal they were unable to establish the facts. The panel should consist of two members; a legally qualified member, and a medically qualified person. In DLA appeals there should be a third panel member - a disability expert. The DWP can send a representative and they can ask questions.

The recording of proceedings in a tribunal are nothing to do with DWP, as the Tribunals Service is independent of DWP. A tribunal is a court (though it is often not thought of that way). In accordance with the civil procedure rules (which tribunals fall within, in addition to the tribunal procedure rules), no party or member of the public may use unofficial recording equipment in any court or judge’s room without the permission of the court. To do so without permission constitutes a contempt of court.

andyandflo

connor1198 wrote: »

Hello, my father is unemployed. He has just had to go through an ordeal of a tribunal to justify why he cannot work as he has had depression, anxiety and a few other problems. He lost his home and had to declare himself bankrupt some 10 years ago but it is something he never got over. He had to attend the tribunal and there were three people present. The two were fine and then walked in was the benefits lady, who he did not get her name. She was firing questions at him like "can you hold a glass of water" can you hold a carrot, if you answer yes to those questions then that means he can go back to work. He walked out half way through the "grilling" as he felt faint and could not breath properly. He has since received a letter to say that they are now stopping all his money that he was receiving and will also have to repay back the monies from September 2009. They do not have enough money to pay their bills and so make a choice to pay their bills rather than go shopping. They have a local shop where they put things down on credit until they build up some money throughout the month to pay it off. Also he has just received some money to do with his miners claim, he received £1000 and was told now by the benefits office that because of this new money he has been overpaid and now has to pay back the benefits department £900. Its absolutely disgusting and he is in a terrible state over all this. He has 28 days to appeal. Who can he take with him to the appeal and also why ask those stupid questions. The benefits department do not realise what they put genuine people through. My father would love to go back to work he is only 56 years old but the more he gets in a mess with money and letters from the benefits office the more he gets depressed and more anxious. can you give any advice to help thank you.

I will go along with everyone - well almost everyone! - in saying that your father needs help both from a legal/quasi legal point of view, and medical.
Whilst walking out is the last thing that he should have done, I do really feel for him in just not being able to cope any longer. It is ridiculous to suggest that he should have explained how he was feeling and that after a short break he would be more composed. At that level of dispair - all sense and reason go out of the window!
I could see myself probably doing the same thing if I felt so alone in there, under extreme pressure and feeling that the whole world was against me.
It's a 'male' thing - getting back into the safety of the 'cave'!
So don't feel that the system is against him, not everyone can be a sucessful litigator without back up, fighting for his life!

Now is the time to look forward, the past is history. Get some good professional help from any/all of the organisations mentioned already. Get a review under way, see what can be salvaged, look to what you can do now for the future and what you can claim for to make sure you have money to live off. Use the ordeal as a source of strength, get your father to say, 'right this is MY time to get what I am entitled to!!!'