Appealing against Incapacity Benefit ceasing

paisley_lass

thanks healy....i will phone medical services in the morning and if i need a letter from my doctor get in touch with them too....i have a friend who could take me so i didnt have to go on public transport but that isnt the problem its just the going too far away from home and out of my safe zone

ThePaintedWord

Don't know if anyone can shed any light on this, but I recently received a letter informing me that my appeal against my incapacity benefit decision was rejected and their original decision was upheld. The letter stated that they would be in touch about what I should do next. It went onto say that my case will now be passed onto The Tribunals Service. Today (as the possibility had only just occurred to me that this might have changed) I rang JCP to see whether my claim was active any longer or what I needed to do (as no further correspondence arrived today) and to find out what the part of the letter about the Tribunals Service was about (I have not now or previously requested a tribunal). The woman at the JCP (very helpful, just to be clear) said that there was nothing in her notes and she didn't really understand why the letter would say what it did about a tribunal. Unfortunately, I now have to wait for a phone call any time within the next three hours. Does anyone have any experience of this?

Also, while I'm about it. Whilst reading this and other threads somebody said that while an appeal is taking place you can choose to receive benefits at a reduced rate or register for Jobseekers Allowance. I chose the former as I was told on the phone that I was not able to do the latter, as when it came to signing the declaration that said that I was fit and able to work that it would not be the truth. Have I been misinformed? I ask partly because the reduced rate is quite a significant reduction for me, and whilst it's not impossible to live on, it could be better and partly because throughout my entire case the information that I have received in writing from JCP has been completely inconsistent and contradictory, from what it is that I am no longer entitled to (this was originally stated as NI contributions when it meant incapacity benefit) and the points tally on the medical assessment results they sent me they had somehow managed to add up WRONG when it came to inform me of the tota amongst other things that I won't go into.

Raspberry_Swirl

I'm getting worried about the time it's taken for a new medical appointment to come through for my OH. He had an appointment booked for the first week in December which he has to get the train for as i couldn't take time off work to drive him there. when he got to the train station the trains were off for the day and they were waiting for a bus service to start so he missed the appointment.

he rang them immediately and they said that because the appointment was on that day they couldn't re-arrange and would send him a form to complete to say why he had missed the appointment, even though he told them on the phone! this was sent back 2nd week of December and still nothing from them.

i know there's always a backlog for IB, but has anyone else had something similar?

weegie.geek

When I was claiming Incapacity for mental health issues, the doctor who did my examination pretty much ignored what I said. The pack I got in the post telling me what points I'd scored bore little resemblance to what I'd actually said in the interview, and what my doctors already knew.

Quite how they can get away with reporting back these lies is beyond me.

If I ever need another medical like that again, I'll be recording the interview.

ThePaintedWord

The same thing happened to me. Then I spoke on the phone to someone who informed me that even though these are the criteria you're scored on, the doctors have guidelines so as not to ask the questions directly. She then went through them (for the sake of my appeal) and asked me the questions directly. I might be wrong, but it seems to me that a lot of what I'm told they're making up on the spot. I've been told all sorts, and none of it consistent.

Gale_10

Hello,

The problems you are describing fit in with my experience too. The doctor that examined me wrote down things that I hadn't said, didn't include stuff I had said, and basically cooked the books so that I didn't have a chance at the required points. I am appealing the decision, I will let you know what happens.

The company that provide the medical services are called Atos, so called because they don't actually give a tos about the claimants getting the right benefits.

If you look at the site they advertise for employees, and talk about bonuses. Now a friend of mine who doesn't live in the area that I live, had a similar problem and she was told by a advisor that the doctors get a £500 bonus for every person that they sign off. No wonder they don't want us to get enough points! I don't know if that is true, incidently, but that is what I have heard.
Sounds quite believeable to me though.

Anyway, I will let you know how I get on!

Gale

tigtag02

Anyone have a ball park figure of decision times scales after a medical?

Our Dr today was loverly by the way!

paddy's_mum

You may find guide shown below very clear and exceptionally helpful. It is written in layman's terms, explains the 'trick' questions and the best way to get across the best answers to make sure you get all the points due to you.

A very close relative of mine had a medical assessment in mid April but did not get the result until August. Her appeal was held today (she also objected to some vital things she had said not being in the report, but others she had not said being included as so-called facts) and she won the appeal. I was with her on both occasions and she tells me she found having sympathetic support - and a witness - made the whole dismal procedure much more bearable.

Hope that helps somebody who feels, as she did, that it's bad enough having mental health issues (and there is still a perceived stigma) without having to fight every last inch of the way to achieve justice.

www.bhas.org.uk Click Free Advice Guides on top right of home page. Then click download Incapacity to Work PDF guide, top right again. 50 something pages but well worth printing off and careful study. Good luck to others in her same position.

healy

tigtag02 wrote: »

Anyone have a ball park figure of decision times scales after a medical?

Our Dr today was loverly by the way!

Most people seem to hear within about 3 or 4 weeks but it can take longer and take months sometimes as mentioned above.

donnalove

shopaholic2 wrote: »

I have just received all my paperwork, as my inc ben has been stopped, after i have been recieving it since june 99!
I had to be examined by a dr at th job centre, and i cannot belive some of the things he has said, small things like "lives at home with wife" (i am a married mother of 2)
Also, my problem is that i have a narrow airway, crushed by a tumour in 98, and i cannot walk upstairs without becoming breathless, and distressed, he has said on the form "walked up 2 flights of stirs with no problems"
THERE ARE NO STAIRS IN THE EXAMINATION CENTRE!!!
And IF there were, and IF i had walked up them i would have been in severe pain and discomfort.
So, I am appealing at tribunal level, but dont hold out much hope, but i do want to complain to the company who sent this "dr" to examine me and has very blatantly lied about me.
how do i do that?
x

i had similar experience dr said in report " got on and off the couch no problems"
surprise as NO COUCH IN THE ROOM.

my appeal is on 20th this month my benifit was stopped may 2007 it's took 9 months.
will let you know

donna