Appealing against Incapacity Benefit ceasing

ferret88

Hi all

I've been off work with depression since March 2007 and signed onto incapacity benefit in October. I went to a medical through the jobcentre last week, which was very quick and not exactly thorough.

Now I've received a letter saying I only scored 8 out of the 10 I needed to remain getting Incapacity Benefit so it is being ceased. I'm infuriated at this because I have been seeing a psychiatrist, my doctor and have had two medicals from an independent Occupational Health Doctor - who declared I was suffering from severe depression. But this guy at the jobcentre decides I am capable to work, based on a few vague questions.

I only missed the target by 2 points. If I said I drank alcohol before midday I would have got the 10 no problem. I also remember saying I sat for hours sometimes doing nothing but on the copy of the answers I was supposed to give it is marked as a no. I don't see these answers having anything to do with being capable of work, nevermind my job in particular.

Now I am going to appeal but have been told this could take anything between 1 to 3 months. Has anyone else gone through this? How easy is it to win your appeal?

Anxiously awaiting,

Ferret

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lilac_lady

Depression is a bad illness but more doctors are saying that it's benficial for a depressed person's health to work than stay at home. Perhaps they've changed their criteria for it.

jules_2

I had exactly the same thing - I appealed and won!
I have got my next medical next week so not exactly looking forward to it!
Pm me if you have any questions - I'm happy to help

healy

lilac_lady wrote: »

Depression is a bad illness but more doctors are saying that it's benficial for a depressed person's health to work than stay at home. Perhaps they've changed their criteria for it.

The points scoring system for the IB medicals has not changed. There will be changes from October when the ESA is applied to new claimants.

donnalove

i failed my medical and recieved my last payment in may 2007 my appeal is 22 february 2008, thats 9 months since i sent in appeal papers.
like you i scored 8 points but that was for being deaf in one ear which i have had since birth and was always put as no problems on previous medicals, the dr didn't take any notice of what i said and i am filing a complaint as he has put things that are very untrue and also has put things that suggest he did a full physical medical when he didn't.
good luck with yours

donnalove

Shazza50

My OH has been on IB for a few years due to a couple of his discs disintergrating and depression brought on by his condition. In 2004 he went for a medical and had the IB taken off him, but they 'forgot' to inform us. We found out when we queried why his payment hadn't gone into the bank. That was November and his appeal didn't take place until April 05. We also found that some of the answers weren't written down like we had said. Anyway, the appeal was in front of another doctor and a solicitor I believe(I know he wasn't medical).All they did was ask more questions, I was allowed in with him which I think helped in our case. We had to wait about 20mins for them to make a decision, and we won. But the extra points were given for his depression, not his back problem.
At the initial medical the Dr. asked if we had had a holiday, if so, where. As if we could afford a holiday on what he got!!! Also, how did we get to the medical, bus car etc.

Shazza

saintjanet

healy wrote: »

The points scoring system for the IB medicals has not changed. There will be changes from October when the ESA is applied to new claimants.

This is correct although it may be longer than that as the DWP seem to be behind with the new system.

If i was the op i would appeal as most pople who do ,have their benefit reinstated.Seek advice from the cab or welfare rights regarding the appeal and take someone with you,when you go.Good luck,Jan

foxyuk

the minimum score for incapacity benefit is 15 points not 10

healy

foxyuk wrote: »

the minimum score for incapacity benefit is 15 points not 10

It is 10 for mental health descriptors alone.

ferret88

Thanks to all of you who have replied. It seems that these medicals and the way they work out who is fit to go back to work is - to put it bluntly - crooked. :mad:

I can't believe that no one has tried to make this public.

If you don't mind I'm going to PM some of you guys for a further chat about your experiences.

Big thanks,

The Ferret

MrsTinks

I don't think the criteria or how they work are crooked to be honest. Although I will agree that it seems to largely depend on the professionalism and skill of the atual examiner.
I do agree the wait is way too long for appeals, but that doesn't come as a surprise bearing in mind the length of time theyhave taken processing things like asylum applications in the past... Good luck everyone