Incapacity benefits stopped, help needed.

sunnyone

LadyMorticia wrote: »

Does the bit in bold only apply if you can self-propel? I'm in a wheelchair but I can't self propel and don't have the concentration to be able to mobilise in a powerchair. My DH has to push me.

They assume that you can propel it yourself, they certainly dont ask if you can and even powerchair users pass the mobilisation criteria and since the discount 90% of what you say and misrepresent the other 10% just telling them isnt fool proof.

amus

DanielUK27 wrote: »

Oh if yours was ESA then the IS bit in my previous post wont count. I assume you cannot claim IS at appeal rate when failing esa?

Not unless the OP has another Condition of Entitlement to IS, in this case he/she would recieve IS possibly at the same rate if he is in receipt of DLA, or without the Disability Premium is he/she is not. However, doesnt sound like the OP is entitled to IS on any other grounds other than disability.

The only benefits OP would be able to claim would be JSA or ESA assessment rate (both are £67.50) under appeal.

LadyMorticia

amus wrote: »

Not unless the OP has another Condition of Entitlement to IS, in this case he/she would recieve IS possibly at the same rate if he is in receipt of DLA, or without the Disability Premium is he/she is not. However, doesnt sound like the OP is entitled to IS on any other grounds other than disability.

The only benefits OP would be able to claim would be JSA or ESA assessment rate (both are £67.50) under appeal.

If the OP received either MRC or HRC DLA and a partner claimed CA then they could, theoretically, change the IS claim over to the partners name with the OP being the secondary claimant on the claim, but I don't think this is the case in their situation. I just wanted to put it out there for anyone in a similar situation who came along.

The CAB adviser I saw advised me to do this if, when I'm transferred to ESA, I fail the medical. She said that transferring my IS claim over to DH might be less stressful in the long run.

prepareathome

Thanks for the info everyone - my ESA form has just gone in but advisor who helped me fill it in said unlikely for me to get it via form or medical, not because I am not ill/disabled enough but just the way things are in my area, so he told me to get an appeal in straight away. He said current waiting time for appeal here is around 2 years

I might do what you suggested Daniel about getting a copy of my medical records as everything is there and I could highlight everything, will call surgery tomorrow, as they take ages to get anything done, so best ask now so I have it in time for appeal. A letter stating I am very unlikely to work again ( as dr says they might come up with a cure) so I can have my student loan written off took them 2 weeks to get typed up yet dr dictated it while I was with her.

You have given me a bit more hope as was feeling very down tonight after what advisor had said.

Thanks

paddedjohn

Are you the op?

prepareathome

no but I found the information very useful, so have taken it on board, hope that is ok?

paddedjohn

no probs, i just thought you were confused and on the wrong thread;)

prepareathome

Most likely the way I worded my reply enough to confuse anyone

bestpud

rogerblack wrote: »

I'd disagree with this.
A nurse who's had 20 years experience in Oncology, and dealing with patients may be very good at assessing someone with cancer, but barely qualified and trained with regards to someone who's got mental illness problems.

They aren't assessing the illness though... That is the job of the specialists for that particular illness.

Their job is to collect job relevant data.

An oncologist with 20 years experience will (hopefully) know all there is to know about cancer treatments, but they won't necessarily know if there is any jobs the patient may be able to do.

In theory it is better to have someone who isn't an expert in the claimants condition as they have different priorities. If you deal with symptoms every day, it is easy to assume patients cannot do anything work related, but in reality many can - they are just too frightened to take the risk after years of being paid for their condition.

I realise there is issues with the system being inflexible, but the idea behind it is sound.

paddedjohn

isnt agrophobia a fear of open spaces? the op seems to like camping and music festivals , after seeing this in her previous posts im wondering if it is in fact the correct decision to stop her benefits. There must be something workwise she is capable of.