Frustrated over Invalidity benefit loss.

Legacy_user

Get 'm back to work! say some people, referring no doubt to those who appear to be perfectly well, but live off the state.

Huh!, my wife looks amazing for her age, (60), but ask her to walk more than half a dozen steps and she would be on the ground. Not only that, she isn't deaf, but has distorted hearing,, then she has difficulty on word pronunciation due to facial palsy, which thankfully isn't too bad. The reason for these issues, is shingles which affected her labyrinth of her left ear. Consultants said (and we have written documents proving this) that "this woman will never recover and in all probability will never work again".

Yet, as with all recipients of Incapacity Benefit, she has been assessed in keeping with the rest of the nation on this benefit and low and behold, she has been deemed to now be suitable for work and has lost her almost £400 per month.

Now, even though she has not left the house alone for ten years, as she requires me (or someone else to be with her in case she falls) and when she does, uses a mobility walking aid has, if she so chooses, to make herself available for work to be able to claim Job Seekers Allowance.

Question is, am I to escort her to interviews? am I to remain with her whilst she works? and what would that consist of? she needs to hold onto something as she moves about. Furniture in the house is placed as grabbing items, rails and ropes all round garden. They say she can lift, but with one hand as she needs to hold on.

If we were to get past the first hurdle, she would be absent a few days as I have kidney failure, angina, no bladder (urostomy) have just undergone bowel cancer surgery so am therefore past my sell-by-date.

Clearly this is a complete fiasco. On the table are our postal voting papers ready to be posted. We aim to destroy them along with our daughters as I am her proxy voter. So that is three votes wasted.

GlasweJen

If your wife can reasonably use a manual wheelchair she will not score much in the mobility category.

If she can hear reasonably well with a hearing aid she won't score many points.

If she can make herself be understood verbally by someone who doesn't know her well she won't score many points.

If you destroy someone else's vote as their proxy you could face prosecution.

Dogger69

Have you looked at the descriptors to see which she meets? From what you have said, I can see why she would struggle to pass the WCA, whilst she clearly has difficulties, they do not appear to meet the high level required by the DWP.

When did she receive the decision through? She can appeal within thirty days.

Your health will not have a bearing on her claim. Do either of you claim DLA?

zaksmum

Your wife should certainly appeal islandman. From what you say I would expect your wife to be incapable of work, if she cannot walk more than six steps without falling and has communication difficulties.

If you can provide supportive statements from health professionals treating her, so much the better.

You have little to lose by appealing. Good luck

dseventy

I would suggest you appeal the decision. Use the evidence and documents you have as support.

As others have stated you have nothing to loose.

islandman wrote: »

. Consultants said (and we have written documents proving this) that "this woman will never recover and in all probability will never work again".

Always amazes me why consultants suddenly overstep their remit and declare someone will "never work again".

Consultants are experts in their fields of prognosis and care. The declare " she will never work again" is madness. How do they know?

Good luck.

D70

bigboybrother

dseventy wrote: »

I would suggest you appeal the decision. Use the evidence and documents you have as support.

As others have stated you have nothing to loose.

Other than to make the queue longer for everybody else.

SuziQ

Always amazes me why consultants suddenly overstep their remit and declare someone will "never work again".

I agree.My ex husband was told 16 years ago that he would never work again after a very severe bout of Lupus which left him fighting for his life with an enlarged heart, multiple pulmonary emboli and some brain changes. He was back to work part time within 6 months and the only time he has been out of work since has been when there has been a dearth of work ( he his self employed.) I am all for realism, however you have to also give people hope!

zaksmum

bigboybrother wrote: »

Other than to make the queue longer for everybody else.

The OP's wife has as much right as "everybody else" to state her case and make her appeal.

Dogger69

zaksmum wrote: »

The OP's wife has as much right as "everybody else" to state her case and make her appeal.

No one would deny that, but people need to be realistic about their chances of success at appeal. From what the OP has described they do need to look at the descriptors further to decide whether it is worth pursuing.

skintmacflint

zaksmum wrote: »

From what you say I would expect your wife to be incapable of work, if she cannot walk more than six steps without falling and has communication difficulties.

As Glaswejen has pointed out the potential use of the 'theoretical wheelchair' has been behind many ESA fails for people with walking difficulties. But could be wheelchair use won't solve any of the OP's wife's mobility problems due to dizziness..

OP should seek help from CAB or one of the other agencies with regard to appealing the decison.With more detailed info than given on this thread they'll know how best to put an appeal together.

System

O/P here, and thanks for your input.

1) my wife doesn't use a wheelchair. She can walk, but needs a three-wheeled walking aid, rollator I think they're called.

2) her hearing issues are best described thus. If she hears multiple sounds, ie several people talking, they all blur. If she is in the garden and someone in another garden is making any kind of noise, she doesn't have a clue which direction the noise is coming from, she always gets it wrong when questioned.

We will be going through the correspondence again today as it only arrived yesterday.