Appealing against Incapacity Benefit ceasing

Mechanicus

Well, I was on Income Support with the Disability extra. When my case failed and I took it to Tribunal, they took the Disability bit off, and let me keep my Income Support, although they took 30% of that off. I got through my Tribunal with a lot of help from Work Solutions, and am now waiting to hear about my back pay (which should work out at around £700 since March).

ruby6kids

healy wrote: »

You have a choice of 2 options. You can claim reduced rate IS (reduced by 20%) or you can claim Job Seekers Allowance at the full rate. Claiming JSA will not go against you at any appeal.

and if you win the appeal, do you get a back payment of IB and then repay IS or JSA or what?

(sorry my aunty has just failed her medical and was on IB for the past 8 years!)

healy

ruby6kids wrote: »

and if you win the appeal, do you get a back payment of IB and then repay IS or JSA or what?

(sorry my aunty has just failed her medical and was on IB for the past 8 years!)

Yes you will be paid the difference between what you would have got on IB and what you claimed whilst appealing in backpay.

healy

Mechanicus wrote: »

Well, I was on Income Support with the Disability extra. When my case failed and I took it to Tribunal, they took the Disability bit off, and let me keep my Income Support, although they took 30% of that off. I got through my Tribunal with a lot of help from Work Solutions, and am now waiting to hear about my back pay (which should work out at around £700 since March).

The reduction in Income Support should have been 20% and not 30%.

Mechanicus

healy wrote: »

The reduction in Income Support should have been 20% and not 30%.

Well, it probably was. I couldn't quite remember.

rhiane4phil

hi. just wondering if anyone could give me a little bit of advice as my boyfriend has an appeals hearing in august?
his IB was stopped in april after attending a medical in feb. he recieved a letter confirming the date for the tribunal which said that any other evidence is to be handed in soon before this date. i was wondering if letters from myself and other family members would be any good to send in?
also like many other people that have written in, practically all of the answers that the doc wrote down were completely the opposite of what my boyfriend had told him! i just dont understand the system - its quick enough to act when they've been wronged!!

healy

Yes any additional evidence that you can send in is likely to help, it is best to get it in no less than 2 or 3 weeks before the appeal so they have a chance to read it properly. The most important evidence though is what is said by the appellant at the appeal so it is best if your boyfirend attends the appeal.

emshams

Ferret88 - sorry to hear you're having trouble.

I had a medical not too long ago and the doctor i saw was fantastic.

I have IBS and a balance related problem both of which are stress related and i had no problems with the doctor at all. She was actually very sympathetic, and reluctant to get me to do anything!

In the waiting room i was talking to someone there and they said if you go for a medical and you have depression that you were more likely to be allowed to remain on IB, because it wasnt as easy to prove or disprove as someone with a bad back.

If they refuse to keep you on the long term, can you not go back to your GP and start getting Sick Notes again?

I had hassle with my GP not too long ago who thought i shouldnt be on IB but should be at work (try doing anything when you fall over a lot and dont know where fluids are coming out of next (sorry ). When i was first diagnosed with IBS i was told that GPs either are 100% there and behind you with it, or they were in denial it existed :rolleyes:

Good Luck to all who are appealing. It's always the genuine ones who get the hassle.

Mechanicus

emshams wrote: »

...When i was first diagnosed with IBS i was told that GPs either are 100% there and behind you with it, or they were in denial it existed...

I too suffer from IBS, and I found this to be the case as well. I know several family members who have it, and as soon as I describe the symptoms, they straight away say it's the same for them. They have been given a range of treatments (Cocodamol being the main one), and exercises, so I thought I would go to my GP and get him to confirm it and help me. Although he confirmed I do indeed have IBS, and only help he gave me was a printout he got by typing 'IBS' into Google! I have also gone to him for numerous back and foot related problems, and his excuse every time is 'lose weight', and sent me on my way. What kind of medical help is that?

So of course, when I had my meeting at Luton (before my money was stopped), the Doctor asked me if I had any medical condiitions which affect my ability to work, and so I told him about my IBS, my back pain, my flat feet, and my bone spurs in my heel. To every problem, he asked "And what help did your GP give you" and I had to say "None", which of course in their book means it's not bad enough to effect work and so it's not even marked down!

The entire system is flawed, and is on the same awareness level as those morons who shout 'GET A JOB' to homeless people.

Titch89

Mechanicus wrote: »

To every problem, he asked "And what help did your GP give you" and I had to say "None", which of course in their book means it's not bad enough to effect work and so it's not even marked down!

That's rubbish. I don't know about anyone else, but nothing helps my IBS (which is fairly common I believe) and nothing can be done about my poor balance or my other problems. Doesn't mean that I am fit enough to work.