Failled Incapacity assesment

Seye

Hello,

My wife has received word back that her incapacity benefit will stop after attending a medical. When we saw the report that was attached with the letter it was the exact opposite of what was discussed at her medical. Anyway we have written to them asking them to look again at their decision and stated the reasons why. My question is will my wife's DLA automatically stop now that she has been turned down for incapacity benefit I thought it would but someone else told me she would still receive her DLA.

allen35

DLA won't stop as there is different criteria for the two benefits. Be aware though the assessment results may be used in future reviews.

Good luck with the appeal.

Torry_Quine

Seye wrote: »

Hello,

My wife has received word back that her incapacity benefit will stop after attending a medical. When we saw the report that was attached with the letter it was the exact opposite of what was discussed at her medical. Anyway we have written to them asking them to look again at their decision and stated the reasons why. My question is will my wife's DLA automatically stop now that she has been turned down for incapacity benefit I thought it would but someone else told me she would still receive her DLA.

This was a 'medical' for ESA and you will have one month to appeal the decision. While appealling she needs to send in fit-notes from her GP and she will receive the assesement rate of ESA which is £71 pwr week.

Her DLA is seperate and will continue.

Seye

Thanks for such quick replies, I naturally thought that because she was knocked back for one that would mean she would lose the other. Well at least some good news.

squidgeum

I had one of these medicals a couple of years ago and the report was so fictitious it was unbelievable! I'm going to make sure I record the next one I go to.

ineed

Seye wrote: »

Thanks for such quick replies, I naturally thought that because she was knocked back for one that would mean she would lose the other. Well at least some good news.

I have to admit I was worried about the same thing you were (bad ESA results affecting DLA award) and was going to ask a similar question. I'm so relieved to know it won't affect my DLA award yet if the worse should happen with ESA (I'm still on the form filling in stage at the moment but fully expect to get messed around with it after reading others horror stories).

Good luck with appealing your wife's ESA decision, I hope things work out for you both .

Seye

squidgeum wrote: »

I had one of these medicals a couple of years ago and the report was so fictitious it was unbelievable! I'm going to make sure I record the next one I go to.

The major flaw in all of this is the company are on a bonus if they reach a target of getting so many people off benefits. I agree that people who are not sick should work but it is the ill people who are getting knocked back. My fear is that the genuine person will say to themselves oh well thats it without fighting because lets face allot of ill people cannot cope with the stress of appeals and everything that goes with it so they will give up. Where as those that are at it seem to always land on their feet.

rogerblack

Seye wrote: »

The major flaw in all of this is the company are on a bonus if they reach a target of getting so many people off benefits.

This has been persistently said, and while I would like in some ways to believe it, it's more complex than this.

Is it possible that ministers get up in the commons, and flat-out lie in the clearest terms about quotas in the contract (from todays debate) - it seems unlikely.
They tend to be rather more cautious than that.
The minister said pretty much "there are no targets in the contract, and it would be entirely wrong for them to be"

Everything I have heard and seen is explained by local performance comparisons between HCPs.

It is quite reasonable that if you have 10 HCPs at a centre, and one ends up putting twice as (or half as) many people in the support group, over the course of a month, that you might want to look at their decisions in more detail.

This is not ATOS getting extra money, or ...

Please note - I am _NOT_ arguing that the system is fair.
Or that the assessments are carried out to a gold standard enough of the time.

Seye

rogerblack wrote: »

This has been persistently said, and while I would like in some ways to believe it, it's more complex than this.

Is it possible that ministers get up in the commons, and flat-out lie in the clearest terms about quotas in the contract (from todays debate) - it seems unlikely.
They tend to be rather more cautious than that.
The minister said pretty much "there are no targets in the contract, and it would be entirely wrong for them to be"

Everything I have heard and seen is explained by local performance comparisons between HCPs.

It is quite reasonable that if you have 10 HCPs at a centre, and one ends up putting twice as (or half as) many people in the support group, over the course of a month, that you might want to look at their decisions in more detail.

This is not ATOS getting extra money, or ...

Please note - I am _NOT_ arguing that the system is fair.
Or that the assessments are carried out to a gold standard enough of the time.

I totally understand what you are saying, here's the problem in the job I do I deal with many people a who are customers I have not heard 1 person yet who has passed the assessment without having to appeal. And the feedback I am hearing is the assessment report is very different from the what is discussed at the assessment. Some things in my wife's case just the exact opposite and down right lies, why I am asking myself. I agree in principal of what the government are trying to do but it is as usual the Innocent and needy that get hit the hardest as always.

flight747

ATOS and DWP are f******** liars and they all ashamed of themselves and should be sacking.

ATOS must go!!!!!!

mazza111

rogerblack wrote: »

This has been persistently said, and while I would like in some ways to believe it, it's more complex than this.

Is it possible that ministers get up in the commons, and flat-out lie in the clearest terms about quotas in the contract (from todays debate) - it seems unlikely.
They tend to be rather more cautious than that.
The minister said pretty much "there are no targets in the contract, and it would be entirely wrong for them to be"

Everything I have heard and seen is explained by local performance comparisons between HCPs.

It is quite reasonable that if you have 10 HCPs at a centre, and one ends up putting twice as (or half as) many people in the support group, over the course of a month, that you might want to look at their decisions in more detail.

This is not ATOS getting extra money, or ...

Please note - I am _NOT_ arguing that the system is fair.
Or that the assessments are carried out to a gold standard enough of the time.

And if that HCP has gone over their quota, even though it looks like you have passed the WCA, you will wait longer for the result as it gets audited before being sent to DWP