failed medical assessment. Now what?

spora

Hi,

I hope i have posted this in the right forum.

Im on incapacity benefit for a sleep condition that basically leaves me feeling exhausted really easily (has a similar affect to chronic fatigue syndrome). I also have really bad muscle pain and get ill if i do too much. My neurologist said that this is down to my body being so tired it cannot cope.

This is my second year of claiming IB and i recently had my second assessment. The first assessment i had i only scored about 3 points but i passed it straight away anyway.

Despite my condition being no better (it will never improve) they have decided to fail me. I looked on the questionnaire and i scored no points. When i had the assessment the guy didn't ask me ANY of the questions on the questionnaire and he hardly wrote anything that i said down. The only things he wrote down where 'matter of fact' things such as what medication i am on, when i was diagnosed etc. The assessment only lasted 10 mins, which i was quite surprised about.

So obviously im pretty angry at failing this. My question is what do i do now? I am going to appeal it, but as they have already stopped my IB about a week ago (which i only found out about today) im very short of money. Do i need to claim JSA in the mean time or can i claim income support as im really not fit for work and having to go to job interviews for jobs i cannot do is really not going to help me.

Also, can anyone give me advice on how long the appeal process takes.

Many thanks

KxMx

The appeal process very much varies from area to area but i'd say you're looking at around 6-10 months, there is a huge backlog of ESA appeals.

While waiting for the appeal to be heard (and make sure to appeal straight off and not ask for a reconsideration, as this is already done as part as the appeals process) you can claim IS while you're waiting, it's -20% of the normal amount that you're entitled to.

Skinticket

Atos strikes again....

how these inept !!!!wits havent been investigated yet is beyond me.

dmg24

Skinticket wrote: »

Atos strikes again....

how these inept !!!!wits havent been investigated yet is beyond me.

Or perhaps the OP is not entitled to IB as they do not meet the criteria?

OP, I am not saying that you are not entitled, but your condition is one that does not neatly fit the descriptors. As such, I would take specialist advice before deciding on your next step.

cit_k

spora wrote: »

Hi,

I hope i have posted this in the right forum.

Im on incapacity benefit for a sleep condition that basically leaves me feeling exhausted really easily (has a similar affect to chronic fatigue syndrome). I also have really bad muscle pain and get ill if i do too much. My neurologist said that this is down to my body being so tired it cannot cope.

This is my second year of claiming IB and i recently had my second assessment. The first assessment i had i only scored about 3 points but i passed it straight away anyway.

Despite my condition being no better (it will never improve) they have decided to fail me. I looked on the questionnaire and i scored no points. When i had the assessment the guy didn't ask me ANY of the questions on the questionnaire and he hardly wrote anything that i said down. The only things he wrote down where 'matter of fact' things such as what medication i am on, when i was diagnosed etc. The assessment only lasted 10 mins, which i was quite surprised about.

So obviously im pretty angry at failing this. My question is what do i do now? I am going to appeal it, but as they have already stopped my IB about a week ago (which i only found out about today) im very short of money. Do i need to claim JSA in the mean time or can i claim income support as im really not fit for work and having to go to job interviews for jobs i cannot do is really not going to help me.

Also, can anyone give me advice on how long the appeal process takes.

Many thanks

Im confused, if you only scored 3 points on your first assessment, how could you pass? Thats not enough to get IB?

Secondly, what type of questions did they ask, did they ask you about day to day life for example? Waht about physical tests were any done?

Thirdly did he use a computer or was it an all written assessment (ie was he typing the stuff in, or writing it).

Fourthly, have you asked for a copy of the medical report yet? If you have, is it accurate in any way?

spora

cit_k wrote: »

Im confused, if you only scored 3 points on your first assessment, how could you pass? Thats not enough to get IB?

Secondly, what type of questions did they ask, did they ask you about day to day life for example? Waht about physical tests were any done?

Thirdly did he use a computer or was it an all written assessment (ie was he typing the stuff in, or writing it).

Fourthly, have you asked for a copy of the medical report yet? If you have, is it accurate in any way?

1. Im not sure how i passed it. I remember i went to see my GP beforehand and asked him about it and he said although i wont get enough points i will still pass. I guess they looked at my doctors notes or something? i dont know.

2. No physical tests were done. He asked what i would normally do on an average day. He didnt write anything i said down and he didnt ask me the questions on the questionnaire (he may have asked some of them in a round about way, but he certainly didn't ask me most of them). As i say i was only there for 10 mins and most of that was him typing things like my DOB, when i was diagnosed, which hospital etc (he was v v slow at typing).

3. Yeah he just used a computer. But as before, he only typed up 'facts' rather than my view on how my condition affected me.

4.Attached to the letter there was the questionnaire with how many points i scored next to each question. Although i would have scored 0 for most of them im a bit surprised that they have given me a score without actually asking me the questions. Is there another report i can ask for a copy of? (sorry im totally new to this)

cit_k

spora wrote: »

1. Im not sure how i passed it. I remember i went to see my GP beforehand and asked him about it and he said although i wont get enough points i will still pass. I guess they looked at my doctors notes or something? i dont know.

2. No physical tests were done. He asked what i would normally do on an average day. He didnt write anything i said down and he didnt ask me the questions on the questionnaire (he may have asked some of them in a round about way, but he certainly didn't ask me most of them). As i say i was only there for 10 mins and most of that was him typing things like my DOB, when i was diagnosed, which hospital etc (he was v v slow at typing).

3. Yeah he just used a computer. But as before, he only typed up 'facts' rather than my view on how my condition affected me.

4.Attached to the letter there was the questionnaire with how many points i scored next to each question. Although i would have scored 0 for most of them im a bit surprised that they have given me a score without actually asking me the questions. Is there another report i can ask for a copy of? (sorry im totally new to this)

Yes you can get the full copy of the 'medical' (and i use that term loosely) report if you ring them up.

It sounds like a standard benefits medical, they are not interested in diagnosing things and they never do a 'proper' medical, they ask questions in a roundabout way and the software makes up reasons why you should or should not get the points for each part of the test.

spora

cit_k wrote: »

Yes you can get the full copy of the 'medical' (and i use that term loosely) report if you ring them up.

It sounds like a standard benefits medical, they are not interested in diagnosing things and they never do a 'proper' medical, they ask questions in a roundabout way and the software makes up reasons why you should or should not get the points for each part of the test.

Ok thanks, i think i'll do that. Should be interesting to read.