Appealing against Incapacity Benefit ceasing

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.

tatiepot

Thanks to everyone, sharing here, but it is scary stuff, what do you do though when your Dh will not attend any interviews and will not speak to a stranger, leaving everything up to me.In his last year at work which he spent on IB, I went to the personel / union meetings as he couldn't face them.When they came to our house he went to bed and stayed there all day.He is suffering from Paranoid Schizophrenia and Bi-Polar Disorder and I am terrified after being on IB for a whole year gone November that they will want to see him, because he would probably just say NO without understanding the repurcussions like his benefit stopping.He has NO interest in money or how we are managing or anything that is not in his mindset at that moment.

LadyMorticia

tatiepot wrote: »

Thanks to everyone, sharing here, but it is scary stuff, what do you do though when your Dh will not attend any interviews and will not speak to a stranger, leaving everything up to me.In his last year at work which he spent on IB, I went to the personel / union meetings as he couldn't face them.When they came to our house he went to bed and stayed there all day.He is suffering from Paranoid Schizophrenia and Bi-Polar Disorder and I am terrified after being on IB for a whole year gone November that they will want to see him, because he would probably just say NO without understanding the repurcussions like his benefit stopping.He has NO interest in money or how we are managing or anything that is not in his mindset at that moment.

Does he have an understanding GP? I'm lucky as my GP is amazing and wrote to the DWP about a medical I was called for stating about my agoraphobia and BPD and how it affects me and the DWP excused me from the medical saying that my GP was very helpful and they had enough information and my IS would continue.
If your OH has an understanding GP, they might do the same with regards to interviews.medicals and might be able to get his IB reinstated?

xx

Chrysalis

Seams13 wrote: »

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.

Yeah I know where you coming from, I can walk from my chair to the kitchen to get a drink but that doesnt mean I am capable of full time work so it can be hard to judge yourself on what you capable off when you think of it like that. Sorry if you thought I said you was faking it far from it. I more meant if you were making a claim when you felt you wasnt actually incapable of work.

Seams13

Chrysalis wrote: »

Yeah I know where you coming from, I can walk from my chair to the kitchen to get a drink but that doesnt mean I am capable of full time work so it can be hard to judge yourself on what you capable off when you think of it like that. Sorry if you thought I said you was faking it far from it. I more meant if you were making a claim when you felt you wasnt actually incapable of work.

Your apology is accepted Chrysalis and I'm glad that you now fully understand what I meant.
Mind you, after receiving my Medical Report today, I think that the Dr who carried out the assessment did think that I was faking it! It would appear that when I told him that I experience pain after carrying out simple tasks, he has taken no notice. Just as long as I could stand, sit etc during the assessment! He even put down that I had problems kneeling down due to lack of confidence???
Also, after being advised by the Benefits Office to get another MED4 from my Dr., I was puzzled to see that instead of writing the diagnosis down as Osteoarthritis which she has previously told me on two occassions after having a Density Scan and an x-ray, she has now put down Cervicalgia, which is simply Neck pain. (It would appear her diagnosis has changed since I asked her for a Letter of Support to help me with challenging them.....) I have made an appointment to see her next week as what with the pain, her change in diagnosis, Incapacity Benefit being stopped and now seeing the Medical Report, it really is getting me down. I don't think that I have the fight left in me to challenge them.

Chrysalis

Seems you got one of those funny GPs who is siding with the system rather than her patient. I had a similiar experience, I had visited my GP a couple of months prior to making my last DLA claim she had acknowledged I had foot problems to my face, then when she wrote a letter to the DWP tribunal her story was completely different claiming there was nothing wrong with my walking ability. It disgusts me, I mean who is a GP accountable to. I would expect the vast majority of the people who get wrongly turned down are too vulnerable to have the energy and resources to fight back and the system knows this all too well so know that they can turn people down without a fuss.

Ann1958

I have posted this as a new thread but after reading this thread, I wonder if anyone here has had a similar experience and could advise me please.

I suffer with ME and depression. I received a phone call on 4th May asking me to attend a medical on 20th May at 11`0`clock, following the form IB50 which I completed a couple of months ago. I was told I would receive a letter with the appointment and a map to show me how to get there.

I didn`t receive the letter but luckily, as I had attended a medical there last year, I knew where to go. I got there at 10:55 and was asked for my letter. When I explained I hadn`t received it, the receptionist didn`t seem to believe me. Anyway, the doctor called me in at 11`o`clock and I left at 11:25.

I left the medical feeling very negative. I feel I have failed the assessment but wasn`t sure if I could cope with an appeal, if it becomes necessary.

Today, 2 days later, I received a letter from them asking why I didn`t attend my medical. I am absolutely furious. I filled in the reply section and returned it by Recorded Delivery so they can`t claim not to have received my reply or claim that they didn`t send it to me in the first place. I have very little faith in them. The only proof I have that I attended is that I noted the name of the doctor, thank goodness.

After receiving this letter today it has absolutely fired me up and if I do fail the assessment I will definitely be appealing again the decision. I feel that the fact they claim I didn`t attend and then, if they find the details of my assessment they then fail me, how can I be certain that it`s my illness and limitations that they`ve assessed me on and not someone else? Do they know what they are doing?

If I do need to appeal I will, of course, take advice from the CAB but I wonder if someone could give me some advice here in the meantime, please. Has this happened to anyone else? I can`t be the only person to have been "lost".

Many thanks
Ann

nogginthenog

Gale_10 wrote: »

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

Just to give some balance to this debate ATOS gets HEAVILY fined for ever case that goes to appeal.

princessgirl123

This is great, a really useful thread :T ... Just a pity i didnt see it a few days ago before I sent off my appeal forms... would have helped me alot

gizmo45678

hello im new to this today but anyadvice would be greatfull my partner has an acoustic neroma which is a form of brain tumour but benign he has recently been getting incapacity benefit but on the 1st may went for a medical only to recive a letter back saying his benefit has been stopped he only scored 6 poiunts the doctor who he went to see didnt really examine him it was just random questions that he asked him he currently recieves low rate mobilty we just sent a letter of to say he wants to appeal can anybody tell me what we have to do now .thankyou