Incapacity Stopped with no warning.

[alibobsy]

I used to process JSA claims and if we had a claim from someone who had an appeal in with IB we paid the full benefit not a reduced rate. Then (if) the IB was reinstated we just offset the benefit paid against the arrears.
As a civil servant I just want to point out we aren't all sat there trying to be mean and take money off people. We are just normal people trying to do a job. Unfortunately like so many other public sector workers we are dealing with mass staff cuts, lack of funds, antiquated IT systems and so many rules and regulations it would make your head spin lol. Definately pursue sending the extra info form your specialist and ask for a review and then an appeal. In the meanwhile claim JSA if you need to. Also has you considered DLA, not income based, but includes another medical sorry!
Hope you get things sorted asap
good luck
ali x

[alibobsy]

BTW just realised what you may have meant about the reduction in benefit on JSA. JSA income based and basic Income support are the lowest level the government states a single person or couple can live on. If you are on IB you get "extra".
Bad news is Ib is being replaced by ESA(I think these are the right initials-on maternity at the moment but remember this being discussed when I left). The idea is like when unemployment benefit was combined with income support for the unemployed to make JSA. The new benefit will combine Incapacity benefit and income support together. The way I read the early info about it the new benefit will have a big "push" to get people off incapacity benefit and into work. When Invalidity ben became incapacity the government used the oportunity to effectively cut the rates and the length of time you got each different rate plus making it harder to claim and stay on it for any length. I can't see why they won't do the same again. Sadly this suggests even more people being told they are fit for work, when some may not be.
Think if I remember rightly the new benefit is employment support allowance, which containing employment in the title says it all really.
good luck
ali x

[patrickq1]

well done kerrie try to get your mp to visit you and dont forget first thing monday morn ring your NHS the consultants secretary and also your doctor for a full description of the illness and his capabilities towards his ability to work then e mail this to your mp,good luck
patrickq1

[loan_ranger]

"Atos Origin" Staff fiddling the test scores in order to deny the sick their Benefit? Nooo... Who would believe it. Well try this story c/o the BBC BBC NEWS | Programmes | Errors block benefits to disabled

[Joa]

Benefits and Work website, run by a tireless disability rights campaigner, Steve Donnison, digs out real gems about scandals in administration of benefits, provides fantastic help with DLA and IB; real goldmine.
Only problem: subscription is payable: single payment of £16.50

Coming back to the greedy organisation, making profit on the back of ill and disabled, have a read of this:
Unum in the spotlight

[Fuzzgin]

I use ButYouDontLookSick.com for a lot of venting. It's international but for anyone with a chronic condition that hears "But you don't look sick!??!" a lot, it's great.

[loan_ranger]

Sorry to contradict you "alibobsy" because you are obviously a well meaning person and an asset to us, however under the 2007 Welfare Reform Act things have moved on. Although during your time at the DWP/JCP this may have applied... (your quote "I used to process JSA claims and if we had a claim from someone who had an appeal in with IB we paid the full benefit not a reduced rate") since the newly introduced legislation, claimants are given the option of either signing on for JSA or appealing the revocation of IB and accepting 80% IS pending their appeal for re-instatement (then if they are successful, a reimbursement of the difference will follow, if they fail they'll get moved on to JSA). The new legislation was introduced with the intention of dealing with undeserving malingerers who have exploited long term IB as an alternative to JSA, e.g. Barrow-in-Furness where IB claims almost outnumber those for JSA. Unfortunately genuine and valid claimants are getting hit by these sanctions as evidenced by posts on this forum, e.g. sheba0207 patrickq1 Kerrie78 and helenm1984 .
Many of these claimants have either no savings, or they're already in debt and they have no access to affordable credit, consequently, due to reduced income, they may be facing destitution and homelessness if they appeal their IB, alternatively they can take the JSA route and lose their benefit if they fail to attend any interviews/appointments/schemes/work searches etc. which the JSA contract (which the claimant must sign) obliges them to undergo, therefore claimants with either regressive, as yet not fully diagnosed, or, fluctuating medical (and mental) conditions are suffering. Either way (JSA or IS) there is a significant reduction in income and they're being starved into sub-mission.

[alibobsy]

Ah thats interesting Loan ranger. Thinking about it the rate of JSA is lower than most people would get on certainly the higher rate incapacity benefit and obviously you are right about them having to then abide by the JS agreement and do work searches etc. My understanding was these cases were given a bit of leaway on this as the staff at the jobcentre were supposed to take into account the medical conditions as well, but obviously this would vary job centre to job centre and area to area. I agree about these sanctions affecting genuine claimants as well as those abusing the system. Do you have much info on the new employment support allowance. I only got some general info and an overview before I left, but it would appear to have even more of a "push them back into work" mentallity behind it. Will people on here appeal their IB and hopefully win only to get transferred to the new benefit and start again. I hadn't seen any info on what happens to existing customers or the new benefit rates. Would be interested to know
ali x

[Kerrie78]

It's good to hear what we "could" be getting, but at the moment we are getting absolutely nothing. On 18th Jan we received £99.00 from IB as our final payment, and since then all I have received is £103.24 Child Tax Credit on 24/01/08 and the same again on 31/01/08.
Now bear in mind that I still have weekly standing orders for gas, electric, capital one, and barclays, as well as my dd this morning for the TV license, this money has not stretched to far.
All week I have had approx £35 in the bank, and have had to scrap together a cheap daily shop to cook for the family.

So while they have got all of our IS forms sitting in a tray somewhere before they even get round to looking at them, we are living on pennies, and it's extremely uncomfortable.
We cannot have a crisis loan because we are in receipt of weekly CTC, so on that £103 per week I am expected to pay all of my necessary bills and feed 3 kids and ourselves aswell.

And I know when they finally do sort this mess out we will most likely getr a back payment, but that really isn't helping me at the moment.

And although the MP emailed me on Saturday night and asked for my address and phone no, she hasn't contacted me since, despite promising to look into it first thing Monday morning. I know she will be extremely busy and don't blame her in the slightest, but I am living off nothing here and surely it can't be right??

[patrickq1]

hi kerrie have no doubts your MP will have contacted the DWP and they are probably trying now as we speak to proccess your claim so they can report to the MP a mistake may have taken place so dont stress to much since i got my MP and others involved i am getting somewhere i am meeting them today to discuss compensation at 11:00 so here,s hoping for the best result but ive had nothing since 2003
patrickq1

[loan_ranger]

Hi Kerrie.
You mentioned (this morning) being ineligible for a Crisis Loan. I think that you are eligible. Please make an application first thing Monday. I recommend that you should insist on an interview (ASAP) at your nearest JCP "because your need is immediate requiring urgent action", they'll probably obstinately (and unlawfully) refuse, so you'll need to be just as obstinate as them whilst pointing out that Social Fund Bulletin 09/02 (10.2) gives you the right. Don't let them fob you off with the 0800 number and statements to the effect that this is the only way to apply.
I've rechecked my copy of the rules and couldn't find any statement to support CTC being any reason for exclusion.


(From your pm): "We cannot have a crisis loan because we are in receipt of weekly CTC, so on that £103 per week I am expected to pay all of my necessary bills and feed 3 kids and ourselves as well."

The CTC may be considered (according to the legislation) enough to take care of the kids, but it doesn't provide sustenance for their impoverished Parents.
Therefore you can apply for CL "alignment payment(s)" for you and your spouse.
State that the reason for your application is because DWP/JCP have "mislaid" the documents regarding your IS, thus delaying payment and causing you and hubby "Hardship due to payment of regular income in arrears" (see Direction 3 - "The qualifying conditions" - and scroll down to 187,188,189 also read 184,185,186 "Living expenses for more than 14 days")
See also "Purpose of Crisis Loans" item 4:
"4. The crisis loan should be the only means of avoiding serious damage or risk to the health or safety of the applicant or a member of the family, unless Direction 3 (1)(b) applies."

Notes for when making a CL application:
JCP's preferred method for CL applications is by telephone to the 0800 number (Mon-Fri 08:30-16:30) which they will supply you with. If you're lucky enough to get through quickly, then the Decision Maker should be able to give you a decision after an interview lasting about 20 minutes, but if they are busy they may ask to call you back a few hours later. If the decision is negative they are obliged to confirm this to you in writing, you will need this to request a review. This ought to be the fastest method of getting a decision however, up until Autumn 2007 inadequate staff numbers and telephony were causing widespread problems (e.g. engaged lines, answer-phone messages, lines going dead etc.) preventing people from getting through to begin the claiming process. The situation was exacerbated by JCP unlawfully refusing to allow clerical claims made using their own (down-loadable) sf401 form, or, allow face-to-face applications in their offices. See here and here. I have yet to be persuaded that JCP/DWP have permanently remedied these problems.
In cases where the need for the loan is immediate, you can ask for an office interview. Social Fund Bulletin 09/02 (10.2) states that face to face interviews should take place on the day of need and that, if not possible on the day of need, then for the next day. You can also direct JCP's attention to "Social Fund Guide-June2007" pdf page 64 where it says "18. Crisis Loan (CL) applications should, where possible, be dealt with on the date that the need arises."
If you are refused a CL then you should ask JCP for an immediate and urgent review of the decision. You need to do this before you can ask IRS for an independent review and get advice on redress for maladministration.

Good luck and bon courage. L R.

P.S. The CL amount which the Law allows them to award is 75% of the weekly IS equivalent for you and your spouse.

[davethorp]

Well a tory MP wants more people off incapacity benefit and all claimants to attend an interview with the DWP's "doctors"

BBC NEWS | Politics | Two million 'wrongly get benefit'

[loan_ranger]

This is another case of the Tories jumping on a 'bandwagon' which New Labour® set in motion early last year.
It is not so much the utterances of the shadow work and pensions secretary Chris Grayling (who said, "every claimant should have an independent medical check") that disturb me, but rather the fact that these words were first said by David Freud (the investment banker) who has been guiding Labour's 2007 Welfare Reform Bill and will continue as main adviser on implementing the reforms.
For someone who has conducted a review of the system for the Government he (Freud) is misinformed - 90% of IB claimants have to go for an examination with an independent doctor (employed by Atos Origin) and 40% fail the test. From October a revised test is being introduced which will fail 10% more people. He may think there are too many people on IB but he didn’t make any suggestions in his report last year on how to spot the real sick people!
Freud's report to Parliament also calls for greater involvement by the private sector in welfare and payment to them "by results" i.e. how many they can remove from IB/ESA. That could be tantamount to big businesses making huge profits at the expense of the sick and disabled.

[patrickq1]

well i went despite my protest to the MP that i did not particurally want to be engaged in conversation with this particular person at the DWP but relented and agreed seeing as it was to do with discussions concernig compensation....it had nothing at all to do with compensation the meeting was to do with the nine stamps that were not paid during my first claim in 2003,well then she went on to advise my MP that i was mis informed about the data protection and my right to my all works test data ,she insisted that it has all been destroyed and they have no records of any meetings fortunitly my wife picked her up on this and said to her you may want to hide behind rules and regulations so let us start with the all works test in 2003,no record then you have destroyed data that you had no right to do so, she said we destroy all data after 14 months,with this i was getting very very stressed so i asked her does she have the doctors sick note yes she said i have this one but it looked a bit dodgy so we rejeccted the claim so my wife asked her why did you not inform us then that it had been rejected we did well where is the evidence that you did...destroyed...i had three bad angina attaks one after the other within the space of two minits frightened the life out of me the one hour meeting took 2 hours and she was really pleased with herself the area manager until my MP said he shall now bring this up in the welsh parliment the destruction of data and also he shall now make further enquiries as he is not satisfied with her replys....she got us their by trickery i told her in front of the MP ,,she could nt answer that and did nt want to answer that so i have told the MP if she is lying i want her removed from her job and i want ATOS ORIGON COPIES and also all paperwork from atos including the DWP request for the AWT ggggrrrr i am so angry she has denied that their is any paperwork,,surely they cannot destroy this AWT DATA ,anyway i got a e mail from the Information Commissioners Office this morning asking do i have the paperwork i promised them concerning the DWP could nt have come at a better time i wrote straight back and told them that the DWP have said all data is destroyed after 14 months and can they enquire as to how it is possible a goverment agency is exempt from holding data....cant say much more else i will explode in temper at the blatant lies to me my wife and to a MP (compensation my ass)i knew she was lying from her very first letter so i feel vidicated with my estimation of her

patrickq1

[loan_ranger]

Ref. davethorp's pm #32: Evidently the Tory party are trying to out-do Labour on the meanness quotient by doubling the number for alleged IB malingerers.
Perhaps they will only be satisfied when the motto "Arbeid Macht Frie" (work makes freedom) is above the door of every Jobcentre Office, just as it was above the gates of the Nazi concentration camps!