Appealing against Incapacity Benefit ceasing

stazi

KxMx

For the IB PCA (or say, a DLA medical), unless a customer produces new medical evidence that was not available to the 1st Decision Maker (DM), your statement -'Reconsiderations are rarely granted' - would be usually correct.

When a claim is reconsiderd/looked at again, unless the customer produces new information, a 2nd different DM would be using the same information that the 1st DM used. This is the reason why few reconsiderations are changed.

Yes, the 'appeal board are 100% neutral from DWP which helps', but so are DWP DM's.

A DM has no target to disallow x%, and have no involment in the day to day life of a claim. DWP managers/staff are expressly forbidden in trying to persude/influence a DM. DM's make decisions on claims placed before them and make decisions on this basic principle-Facts + Law = Decision.

Mechanicus

ferret88 wrote: »

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

You are in almost the exactly same situation as me!
I got 7/10 on the mental health questionnaire, and I was marked 0 points on some things I should've gotten points for. The most obvious one being 'was mental stress a factor in stopping work', which isnt opinion, it is fact.
I found a group called Work Solutions. They mostly help people get back into work, but they alo help with any benefits prolems. I do not know if they will help someone who is not trying to prepare for job searching, but it might be worth a call. The person who is helping me with it all filled the forms out and told me that I can claim Income Support whilst the appeal is going through. You lose the incapacty portion, and they take 20% off, but you get it paid in arrears if you win the appeal. He is also going to represent me at the Tribunal (bloody scary word!)
If work solutions cannot or will not help, then try going to the job centre, they should have the forms there to help you, ad you need to take them there anyway.

hope it goes wel for both of us!

-Paul

P.S. Bad spelling = typing on a laptop for the first time.

Mistyang

My husband went for a medical for his IB benefit and as a lot of you on here did not have enough points, this was last year. My husband has COPD and that particular Doc told him oh he would get better... I am a Med Sec and I know it wont get better although can be managed. My husband said he had to put his arms in the air, can he take his coat off, blah blah...grrrrrrrr

Anyway to cut a long story short when the letter came I wrote to them asking for a copy of the report and the appeals paperwork which I completed totally by myself. We took it to hubbys GP and he wrote a letter for us to put with the appeal paperwork. I went through the paperwork with a fine toothcomb... please make sure you PUT EVERYTHING IN THERE IN RESPECT OF HOW YOUR CONDITION AFFECTS YOU...ie. not sleeping, getting upset, crying for no reason, (for depression), cant breath...etc. Put in things you CANT DO/COPE WITH.
We never even attended the appeal but we won it (well I did) I suppose I am lucky being a Med Sec and knowing quite a lot about my hubbys condition.

Best of luck with your appeals. Misty

bethsmummy

I have been claiming IB since 2004 and i always fail my medical then win my appeal but as my partner works i cannot claim anything while i am waiting on winning my appeal and it usually takes 12-16 weeks,i have to ask for a loan from our families,i have suffered bad depression since 2003 and the questions i get asked at the medical or mostly physical i think it is a complete joke,i have recently sent a questionaire in so i am expecting to have to go to a medical in the next few weeks.

harveybobbles

hmmmmmmm, I'm going to bump this thread as my OH has a medical next week. Some very good stuff to read on here...! Cheers guys...!!!!

cazza35

Hi folks,

I had to go for a 'medical' last october and failed but reapplyed under panic attacks even though my existing extreme fatigue and depression are still very much there.

I now have to go for another medical and am at my wits end with the stress this brings, the government knows that people with mental health issues find it hard to fight back and use this to take our benefits away. It's disgusting. It's good being able to talk to people who are going through the same thing and understand.

I have been in tears on the phone to the Job Centre a few weeks ago expecting me to come in for a back to work interview! Luckily they understood how bad I was and said they would delay it.

I got my money backdated but was without any over Christmas and several weeks after. They really have no idea how much a mental health problem affects day to day living.

I wish I had it in me to start a petition or something to our lovely government to appeal for a separate test for mental health suffers although I really don't think they could care less.

Good Luck to all going to medicals

Seams13

Mistyang wrote: »

My husband went for a medical for his IB benefit and as a lot of you on here did not have enough points, this was last year. My husband has COPD and that particular Doc told him oh he would get better... I am a Med Sec and I know it wont get better although can be managed. My husband said he had to put his arms in the air, can he take his coat off, blah blah...grrrrrrrr

Anyway to cut a long story short when the letter came I wrote to them asking for a copy of the report and the appeals paperwork which I completed totally by myself. We took it to hubbys GP and he wrote a letter for us to put with the appeal paperwork. I went through the paperwork with a fine toothcomb... please make sure you PUT EVERYTHING IN THERE IN RESPECT OF HOW YOUR CONDITION AFFECTS YOU...ie. not sleeping, getting upset, crying for no reason, (for depression), cant breath...etc. Put in things you CANT DO/COPE WITH.
We never even attended the appeal but we won it (well I did) I suppose I am lucky being a Med Sec and knowing quite a lot about my hubbys condition. If anyone needs any help please pm me.

Best of luck with your appeals. Misty

Please could you help me? I have recently been diagnosed with Osteo-arthritis in my neck & back, also Spondolitis (pardon the spelling). I have been receiving IB since Oct'07 and my doctor is trying different medication to see which one works for me. I recently attended an assessment and have just been notified that my benefit is to be stopped as I did not score any points. I must admit that although I am not incapacitated, I do experience pain after doing the simplest of everyday tasks and I did explain this to the person who carried out the assessment.
I do intend to appeal but I just don't know how to go about it. Please could you offer me some help?

Mistyang

As in my post..Seams 13

apply for a copy of the report from the DSS which tells you about the points

Get your GP to write a letter of support

Ask for advice from Citizens Advice filling in the forms

best of luck

Chrysalis

Seams13 wrote: »

Please could you help me? I have recently been diagnosed with Osteo-arthritis in my neck & back, also Spondolitis (pardon the spelling). I have been receiving IB since Oct'07 and my doctor is trying different medication to see which one works for me. I recently attended an assessment and have just been notified that my benefit is to be stopped as I did not score any points. I must admit that although I am not incapacitated, I do experience pain after doing the simplest of everyday tasks and I did explain this to the person who carried out the assessment.
I do intend to appeal but I just don't know how to go about it. Please could you offer me some help?

I do hope you didnt tell the assessor you felt you wasnt incapacitated as this is what they assessing you for, if you get pain in doing basic physical movements especially whilst taking painkillers then I would class you as incapacitated. If you feel you not incapacitated and claiming incapacity benefit this its basically fraud as the benefit is for that purpose.

Seams13

Chrysalis wrote: »

I do hope you didnt tell the assessor you felt you wasnt incapacitated as this is what they assessing you for, if you get pain in doing basic physical movements especially whilst taking painkillers then I would class you as incapacitated. If you feel you not incapacitated and claiming incapacity benefit this its basically fraud as the benefit is for that purpose.

What I actually meant when I posted, 'I must admit that although I am not incapacitated', I meant that I can stand, sit, walk etc. unlike someone who is incapable of doing any of these things. I do experience pain after doing the simplest of everyday tasks and I did explain this to the person who carried out the assessment. (And yes, I do take painkillers, 14 tablets a day actually).
With regard to your comment, 'If you feel you not incapacitated and claiming incapacity benefit this is basically fraud as the benefit is for that purpose' I must say that I took umbrage to this. I would not chance fate to pretend that I was in pain.