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Incapacity Benefit Appeal Unsuccessful
he6rt6gr6m
Posts: 163 Forumite
My OH suffers severe depression, including anxiety, agoraphobia. She's been through the works for a long time, and emotionally she's completely drained. When things start looking up, something brings her straight back down again, and I've been with her for 8 years (this Monday just gone was out 8th year 
) and I've seen it all.
After an ATOS medical in Preston, her IB claim was halted, stating she was fit to go back to work, even after having an emotional breakdown during a "back to work" attempt, resulting on the benefit continuing.
When we received the news that the benefit would be stopped, she wanted to appeal, hoping that the appealing Judges would actually physically see her and judge for themselves, as well as talking about her life instead of it all being read from paper.
After months of waiting, I called up just before Christmas to see how this was going with the local Appeal's Officer at the local Town Hall. Nothing was heard, and she continued to get Income Support under "hardship" while the appeal was going through. Then, from out of the blue, she received half the money expected on the 3rd of March - a payment for up to the end of February. A few phone calls later, we found that the appeal had been heard already and that the decision was taken to stop everything.
No letter was received at this end to say the appeal would be heard on a certain day/time etc. So this came out of the blue. Now? She is currently unable to claim crisis loans, not in receipt of any benefits, and a letter was received by the Liverpool Tribunal's Service on Monday, requesting a full statement of reasons why the decision was taken, and also that it be "set aside" (I'm not really sure what this set aside business is, but I believe it will go to a higher appeal) and have been told it can take a week for the Job Centre to hear back from the Tribunal's Service about this, as well as a week to receive the statement of reasons the appeal failed.
I'm just wondering what advice anyone can give us in this position right now. We have no idea how any of this is going to go, but we're amazed that TWICE she has been declared fit to work based on what they have, but she is very, very unwell. Even more so, she finds it impossible to see her Doctor, who recently moved further away and took on MORE patients, because it's a basis of phoning in the morning and getting an appointment in the afternoon, but when you do, all the appointments are gone! Other Doctors surgeries refuse to take her on, unless she goes with someone outside of the town.
Really desperate now. Any advice would be really appreciated.
) and I've seen it all.After an ATOS medical in Preston, her IB claim was halted, stating she was fit to go back to work, even after having an emotional breakdown during a "back to work" attempt, resulting on the benefit continuing.
When we received the news that the benefit would be stopped, she wanted to appeal, hoping that the appealing Judges would actually physically see her and judge for themselves, as well as talking about her life instead of it all being read from paper.
After months of waiting, I called up just before Christmas to see how this was going with the local Appeal's Officer at the local Town Hall. Nothing was heard, and she continued to get Income Support under "hardship" while the appeal was going through. Then, from out of the blue, she received half the money expected on the 3rd of March - a payment for up to the end of February. A few phone calls later, we found that the appeal had been heard already and that the decision was taken to stop everything.
No letter was received at this end to say the appeal would be heard on a certain day/time etc. So this came out of the blue. Now? She is currently unable to claim crisis loans, not in receipt of any benefits, and a letter was received by the Liverpool Tribunal's Service on Monday, requesting a full statement of reasons why the decision was taken, and also that it be "set aside" (I'm not really sure what this set aside business is, but I believe it will go to a higher appeal) and have been told it can take a week for the Job Centre to hear back from the Tribunal's Service about this, as well as a week to receive the statement of reasons the appeal failed.
I'm just wondering what advice anyone can give us in this position right now. We have no idea how any of this is going to go, but we're amazed that TWICE she has been declared fit to work based on what they have, but she is very, very unwell. Even more so, she finds it impossible to see her Doctor, who recently moved further away and took on MORE patients, because it's a basis of phoning in the morning and getting an appointment in the afternoon, but when you do, all the appointments are gone! Other Doctors surgeries refuse to take her on, unless she goes with someone outside of the town.
Really desperate now. Any advice would be really appreciated.
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Comments
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Hi I'm sorry I don't know anything about the tribunal/appeals process but I wondered whether part of the reason she's been turned down is because she hasn't seen a doctor recently so has no recent medical reports.
With the myriad of problems she's having I would have thought she should be seeing specialists rather than just a GP anyway. It sounds like she needs treatment not just to be abandoned on benefits. Has she been referred to the mental health services?
What is the reason no other GP practise will take her? Under usual circumstances you are entitled to register with any GP practice you want to. Have you used the NHS website to search for practices in your area which are accepting new patients?
http://www.nhs.uk/Pages/HomePage.aspx
If she cannot get GP appointment because they've gone by the time she calls, has she requested a callback? When I need to speak to someone and either cannot get an appointment or cannot leave the house to get to an appointment I request that the doctor calls me. He usually does this between morning and afternoon surgery. You can have a phone consultation which depending on the issues means they can book you in for a future appointment whilst you're on the phone or arrange a home visit.
It may also be worth seeing the practice nurse as he can do a rough assessment and if he thinks you need to see a GP they can get a GP into see you whilst you are with the nurse (you may have to wait a little while).
I hope she gets the care she needs soon0 -
he6rt6gr6m wrote: »My OH suffers severe depression, including anxiety, agoraphobia. She's been through the works for a long time, and emotionally she's completely drained. When things start looking up, something brings her straight back down again, and I've been with her for 8 years (this Monday just gone was out 8th year ) and I've seen it all.
After an ATOS medical in Preston, her IB claim was halted, stating she was fit to go back to work, even after having an emotional breakdown during a "back to work" attempt, resulting on the benefit continuing.
When we received the news that the benefit would be stopped, she wanted to appeal, hoping that the appealing Judges would actually physically see her and judge for themselves, as well as talking about her life instead of it all being read from paper.
After months of waiting, I called up just before Christmas to see how this was going with the local Appeal's Officer at the local Town Hall. Nothing was heard, and she continued to get Income Support under "hardship" while the appeal was going through. Then, from out of the blue, she received half the money expected on the 3rd of March - a payment for up to the end of February. A few phone calls later, we found that the appeal had been heard already and that the decision was taken to stop everything.
No letter was received at this end to say the appeal would be heard on a certain day/time etc. So this came out of the blue. Now? She is currently unable to claim crisis loans, not in receipt of any benefits, and a letter was received by the Liverpool Tribunal's Service on Monday, requesting a full statement of reasons why the decision was taken, and also that it be "set aside" (I'm not really sure what this set aside business is, but I believe it will go to a higher appeal) and have been told it can take a week for the Job Centre to hear back from the Tribunal's Service about this, as well as a week to receive the statement of reasons the appeal failed.
I'm just wondering what advice anyone can give us in this position right now. We have no idea how any of this is going to go, but we're amazed that TWICE she has been declared fit to work based on what they have, but she is very, very unwell. Even more so, she finds it impossible to see her Doctor, who recently moved further away and took on MORE patients, because it's a basis of phoning in the morning and getting an appointment in the afternoon, but when you do, all the appointments are gone! Other Doctors surgeries refuse to take her on, unless she goes with someone outside of the town.
Really desperate now. Any advice would be really appreciated.
Did you request a written appeal or an oral one?0 -
he6rt6gr6m wrote: »Even more so, she finds it impossible to see her Doctor, who recently moved further away and took on MORE patients, because it's a basis of phoning in the morning and getting an appointment in the afternoon, but when you do, all the appointments are gone! Other Doctors surgeries refuse to take her on, unless she goes with someone outside of the town.
Sounds dramatic that one finds it 'impossible' to see their doctor.
You can call on Monday, to arrange an appointment for Friday (a week in advance), or for the next week.0 -
You can call on Monday, to arrange an appointment for Friday (a week in advance), or for the next week.
Not the same in all surgeries, the current waiting time for advanced appointments to see your regular GP in our surgery is 4 weeks.
You have to phone at 8am. in the morning or physically go there at 8am to book these appointments, If you're elderly or infirm you don't stand a chance. You can see one of the other doctors at an "emergency" surgery but then things start going awry as one doctor doesn't know that the other is doing, been there myself when one of the other doctors says " I can't help you as I don't know what Dr.**** is doing for you and why are you taking this medication? so sometimes it's not so easy and many people give up0 -
StrongWork wrote: »Sounds dramatic that one finds it 'impossible' to see their doctor.
You can call on Monday, to arrange an appointment for Friday (a week in advance), or for the next week.
In my surgery the telephone lines open up at 8am sharp. It can take up to an hour to get through because everyong else is doing the same. You cannot make any 'forward' appointments. Once the slots for that day are booked up you are told to ring again the following morning hoping that you are more successful. This can go on for many days at busy times - winter, school holidays etc. This is the same as the CAB - they will only see the first 10 people in the queue, and in ours, only if you qualify for legal aid.
As for walking in off the street, you are told to go into town and sit in A&E if you think you need to see a doctor urgently (within 3 days).
As regards the original question, it does sound very much like a written appeal. The statement of reasons will make the situation clear when they get it. But I wouldn't hold out any hope of that happening within the next 3 months! Statements of Reasons seem to be treated as very low priority. They did for my other half - over 3 months wait!! Maybe she should now claim ESA???? I don't know what the rules are on this.
Having said that, it is not at all surprising that people are getting 'lost' in the system and being told that they are fit.
Has she not thought about claiming JSA and restricting any job search and working hours to fit around her illness? She isn't the first to have this happen to her and she certainly won't be the last!0 -
I find it difficult to believe that there are any Dr's surgeries where you can't book, say, a month in advance. What if the Dr has just started treating you and tells you to come back next week to review the treatment -can we really believe that you can't book an appointment?
As for the appeal, I agree that she should see her Dr first and maybe ask him/her to write a letter to put in with her next appeal?(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
seven-day-weekend wrote: »I find it difficult to believe that there are any Dr's surgeries where you can't book, say, a month in advance. What if the Dr has just started treating you and tells you to come back next week to review the treatment -can we really believe that you can't book an appointment?
As for the appeal, I agree that she should see her Dr first and maybe ask him/her to write a letter to put in with her next appeal?
Absolutely right. I have been told many times that same thing. Blood tests/xrays/ultrasounds/CT - MRI scans - come back in 10 days for the results.
Yet I am forced to sit there poised at dead on 8am and keep on dialing until I get through.
I have had it also when I have actually managed to get in after 15 days and had my GP ask why have I left it so long!!
Pre bookable appointments have not existed here for over 5 years at least.
I do know of some elderly patients (older than me!) that just don't bother to see the GP's anymore. They haven't got the ability to keep on ringing.
It is common knowledge now that with something that needs looking at, you go straight to A&E now. Whether it is an emergency or not, it is the only way you get to see a doctor when you need one.
And as for sitting down with your GP to talk things through and maybe get a letter or something to support a claim - forget it. It's like the production line in a car factory. It is plainly obvious that the GP after a few minutes, wants to print out a prescription and get rid of you.
When I was diagnosed as a Type 1 diabetic - I was in and out with prescription, leaflet and kit and told to read the instructions/information within less than 5 minutes. I didn't have a clue on how to inject myself. What I now know I have picked up from pamphlets and the net. As for continual support - have a check up every year with a nurse.0 -
The key issue here is whether the appeal you requested was oral or written.0
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I am never ever going to move! I can phone our GP's surgery at 10am and be seeing a doctor at midday or sometimes sooner if it is something that shouldn't wait.
Routine appointments for the next day or so if I am not fussy about which doctor. Same day home visits if needed.
When my husband was very poorly a couple of winters ago the doctor came to see him everyday for a week. We are so so fortunate I think.0 -
seven-day-weekend wrote: »I find it difficult to believe that there are any Dr's surgeries where you can't book, say, a month in advance. What if the Dr has just started treating you and tells you to come back next week to review the treatment -can we really believe that you can't book an appointment?
As for the appeal, I agree that she should see her Dr first and maybe ask him/her to write a letter to put in with her next appeal?
Sorry to be going off topic but it's the same at my surgery, you can only get an appointment on the day you call. The only other thing you can do is go to the 'open surgery' on friday mornings. I believe this is so they can show that all patients are seen within 24 hours of asking to see a doctor.Only 3% of those registered blind in the UK have zero vision.0
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