losing incapacity bennefit

mcmasterl

my dad has suffered from epilepsy for other 30 years he also had to have a brain tumour removed he worked all his life till he lost his job after an accident caused by his epilepsy. it has taken the hospital 30 years to get him on medication wich controls the fits but the side effects are terrible. his anger and aggression is the worst he cant even handle being around his family. he turns 60 next year and has just had his bennefits stopped this is ludicrous he cant work as he just couldnt handle it due to the medication . my mam and dad appealed ie filled out the forms they they then got a really nasty man phone them saying that basically they wernt going to reverse the desicion. reading everyone else,s experience it seems to be the same across the board they are just cutting everyone off not listening to a word they say its well seen the goverment has gone in and done a hatchet job can anyone please advise where we go net how do we appeal this now as this is not right and they shouldnt be allowed to get away with it please helppppppppppp x

zaksmum

You can take it further and go to a tribunal.

Oldernotwiser

Was he on JSA or IB/ESA when benefits were stopped? Does your mother work?

I_luv_cats

Got to your local Citizens Advice Bureau or Welfare Rights with your father. They will help you with the Incapacity Benefit Appeal.

Often they will do a submission for your father (a statement of your circumstances/why an appeal is valid etc.) They may even accompany you to any Appeal Tribunal.

Meanwhile a claim (if not already submitted) to Income Support @ a reduced amount or a claim to JSA needs to be made a.s.a.p (because these are income related they will take into account your parents income, if any, where so Incapacity is not)

When he gets to 60 (or slightly over as it is changing) he may be entitled to Pension Credit

suelees1

Your dad should appeal this in writing within one month of the latest decision. He needs to obtain his own medical evidence and should really seek advice from a local advice agency or firm of solicitors with someone who specialises in welfare benefit law.

oldestrocker

suelees1 wrote: »

Your dad should appeal this in writing within one month of the latest decision. He needs to obtain his own medical evidence and should really seek advice from a local advice agency or firm of solicitors with someone who specialises in welfare benefit law.

Hi,

I am not 'chasing' after you, it just happens that the postings that are of interest to me, you have already replied!

Could I possibly mention that Welfare Rights Officers are fast becoming a thing of the past now as Councils cut their budgets. That leaves the CAB. My experience of them is that they are massively overworked and consequently getting an appointment can take weeks - maybe well beyond when you need to put in an appeal.

Finding a solicitor that has experience in Benefit Law is like looking for a 'flying pig'!
Do they actually exist?
What are the costs if you find one - can you still get legal aid?

Anyhow my point is that filling in an appeal form is fairly easy. I had to do it on my own and also prepared for a tribunal with medical evidence/reports etc and prepared a submission. The reason for that is that CAB were so busy they are turning people away and will not attend Tribunals.
Maybe in your area you may be luckier.
I'm in the South East.

paddedjohn

I'm all in favour of the government clampdown on benefit scroungers but i feel that you and many others have been badly let down here, there should be more compassion and common sense shown when these reviews are undertaken. Maybe an answer would be to have say, a report off your own gp, an independant medical report and then the government medical, costly i know but savings would be made on the appeals process and taking the shirkers off the benefit

oldestrocker

paddedjohn wrote: »

I'm all in favour of the government clampdown on benefit scroungers but i feel that you and many others have been badly let down here, there should be more compassion and common sense shown when these reviews are undertaken. Maybe an answer would be to have say, a report off your own gp, an independant medical report and then the government medical, costly i know but savings would be made on the appeals process and taking the shirkers off the benefit

Hey, do you want a job??

That idea is pure genius!

I and probably 1,000's of others would welcome that suggestion. It would certainly weed out those that see this and other benefits as a meal ticket and use it as a basic income topped up with p/t work off the books.

However the whole ESA system would have to change, because even now, despite people saying it is hard to get onto ESA, some including myself have managed to get on to it, despite failing the medical and having a reconsideration and getting it that way, even though NO evidence/reports of illnesses or disabilities has ever been produced to anybody.
Don't ask how this is being managed - I would love to know - in fact I have appealed against it!!! Hoping to find that there is a flaw somewhere that needs to be closed fast and quick!!
I would willingly submit my evidence if asked to, I have nothing to hide and am a genuine claimant. What about the others?

dmg24

paddedjohn wrote: »

I'm all in favour of the government clampdown on benefit scroungers but i feel that you and many others have been badly let down here, there should be more compassion and common sense shown when these reviews are undertaken. Maybe an answer would be to have say, a report off your own gp, an independant medical report and then the government medical, costly i know but savings would be made on the appeals process and taking the shirkers off the benefit

There is no reason why a claimant cannot do this now. I submitted reports from my GP, an NHS psychiatrist and a private psychiatrist as part of my IB claim.

dmg24

mcmasterl wrote: »

my dad has suffered from epilepsy for other 30 years he also had to have a brain tumour removed he worked all his life till he lost his job after an accident caused by his epilepsy. it has taken the hospital 30 years to get him on medication wich controls the fits but the side effects are terrible. his anger and aggression is the worst he cant even handle being around his family. he turns 60 next year and has just had his bennefits stopped this is ludicrous he cant work as he just couldnt handle it due to the medication . my mam and dad appealed ie filled out the forms they they then got a really nasty man phone them saying that basically they wernt going to reverse the desicion. reading everyone else,s experience it seems to be the same across the board they are just cutting everyone off not listening to a word they say its well seen the goverment has gone in and done a hatchet job can anyone please advise where we go net how do we appeal this now as this is not right and they shouldnt be allowed to get away with it please helppppppppppp x

I cannot be sure without seeing the reports, but I would imagine your dad is being assessed under the wrong criteria. If he is claiming as a result of his epilepsy, this is now under control and so he will meet the criteria. However, he now has what appear to be mental health/ behavioural issues which may in themselves lead to an award.

McKneff

Good thinking there ~DMG, could well be.