personal capability assessment

healy

If you have good cause for not attending on a particular day and let the DWP know they will not stop your benefit.

hjb123

Yeah but the illness doesnt exactly say you will or will not be well on such a day - its a case of waking up and feeling like it!

Ted_Hutchinson

hjb123 wrote:

Yeah but the illness doesnt exactly say you will or will not be well on such a day - its a case of waking up and feeling like it!

It is possible to ask for a home assessment if it is IMPOSSIBLE for you to attend and your own GP is prepared to support your request. Otherwise do let both the DWP and the Assessment Center know as soon as possible if you are too unwell to travel and be prepared for your benefit to be withheld if you happen to be too unwell too often. I'm afraid refusal to submit to a medical is grounds for benefit to be withheld and should this happen you would then be in the appeal situation having to prove that on those particaly occasions when you were asked to attend you were genuinely too ill, physically or mentally, to do so. Not so easy when it's a condition which is variable and fluctuates from day to day.

For goodness sake don't just not turn up. That is inviting benefit suspension.

hjb123

No I didnt mean for a medical I meant for these pathways to work course thingies - think have posted the reply on the wrong thread - thougth it was on another - sorry for any confustion - the mist must be descending over my eyes and brain!

rio

My letter made mention of the fact that 'adequate' notice had to given if you were unable to keep an appointment. Valid reasons were if you had to attend a medical appointment that clashed, or if you were attending a funeral of a close relative. I don't know how they would react if you just rang up in the morning and said you didn't feel up to it, I suspect you would have to have a letter from your doctor stating that you weren't well enough to attend on the day.

I went for my interview yesterday, it was a bit of a waste of time as I have been told by my specialist that any attempt to work would be harmful to my condition. It was obvious though that the girl who interviewed me had no medical knowledge, and didn't even understand the most basic medical terms. I had to explain what chronic meant! So I did find it quite difficult to explain my medical circumstances, without using medical terminology. I have been given a load of leaflets to plough through about returning to work and I have to attend again in a month to discuss what I want to do, and then I have to go for another interview some time after that. Apparently three interviews are standard for this. If push comes to shove I shall just say that I'm not doing anything without the express permission of my specialist, as my condition is degenerative. I have had the condition since birth, but I worked for 17 years before I was told to give up as my condition had worsened considerably, and my specialist told me that he would not sanction any work for me at any time in the future. But I can see that the way they discuss things can be quite daunting, and they do try and lead you into discussing how you can return to work, and it was necessary to stand my ground and reiterate that I wasn't medically fit on more than one occasion.

Sorry if this worries anyone, but this is my honest opinion of how the interview is conducted, their expectation is that you will return to work, and I understand that for many people that is the case, even if it is a long way off; but for someone like myself who hasn't that to look forward to it was quite difficult.

Claireabell

I'm so glad I fouind this thread. I got the dreaded form through yesterday.
I have been off work for about 5-6 yrs with mental health problems. 18 months ago i got my 1st form and had to have a medical. the GP said he'd give me 18 month to 'sort myself out' (clueless *!*!*!) So here I am 18 month down the line, no real change, and another form to fill in.
The form alone creates so much stress and anxiety, nevermind the mere thought of a medical again.
I hate the fact that one of their GP's who are general focused (ie not focused on purely mental health or physical etc) can decide my future. I found the whole process last time so stressful. Don;t know how I can cope with another one!

Thx 4 reading this... just venting I guess
Claire

SMC_2

Claireabell wrote:

I'm so glad I fouind this thread. I got the dreaded form through yesterday.
I have been off work for about 5-6 yrs with mental health problems. 18 months ago i got my 1st form and had to have a medical. the GP said he'd give me 18 month to 'sort myself out' (clueless *!*!*!) So here I am 18 month down the line, no real change, and another form to fill in.
The form alone creates so much stress and anxiety, nevermind the mere thought of a medical again.
I hate the fact that one of their GP's who are general focused (ie not focused on purely mental health or physical etc) can decide my future. I found the whole process last time so stressful. Don;t know how I can cope with another one!

Thx 4 reading this... just venting I guess
Claire

I totally understand your thoughts. Having been through the ordeal this year and having to appeal I get so angry. More so now given how much worse my health is now. All the stress has taken its toll and I have had the worst bug I have had in years. Goodness knows how long it will take me to get back to how I was at the start of this year never mind any better than I was then.

As for it being their GP's, well the doctor at the medical does his/her report, then someone with no medical qualifications makes the decision. It's is just now right. :mad:

Gareth56

rio wrote:

I think you will find it is correct, I have been on IB for six years,so before the changes took place, and I have been told that I have to take part in 'Pathways to Work' or risk losing my benefit - I have the letter to prove it!

As the law surrounding Incapacity Benefit has not been changed however it may be changed in 2008. Until then the current regulations still stand.

These are:-
with respect to Work Focused Interviews in particular Section 8 (exemptions) if you are not exempt then you must attend see previous Sections to section 8.
http://www.opsi.gov.uk/si/si2003/20032439.htm

The exempt categories can be found at:-
http://www.opsi.gov.uk/si/si1995/Uksi_19950311_en_5.htm

see Section 10 viz. Certain persons with a severe condition to be treated as incapable of work.

Gareth56

jacnorm

My husband has been unable to work for 12years now and he has just sent back the IB50 last week we have not had one of these forms for approx 10years now and he is getting all worked up and really anxious over it. I have no idea how long it takes them to reply but, they did not ask for doctors reports or anything so, dont know if this will delay things.

hjb123

Depends on the areas how long it takes to hear back from them

I got my IB50 in October and sent it back the first week in November and never heard anything until beginning of March when I got a letter asking me to arrange a medical. I had my medical on the 12th and a week later I received a letter to say I met the requirements, it was such a relief!