Incapacity Stopped with no warning.

[Kerrie78]

I've just found an absolute corker of a webpage purely for Blind and Partially Sighted folks. I really wish I'd seen it before my husbands CLA claim was sent off.

If it helps anyone else here it is::

Disability Living Allowance

[patrickq1]

yes been on it many times forgot about that on still hope its of use
patrickq1

[Kerrie78]

Just a quick update Patrick.
After hearing nothing from IB since February I asked my hubby to phone them today and see what was going on. It seems that they got his appeal letter weeks ago, and several documents have been sent off to their medical department. But he said because our appeal had been put on plain paper, instead of one of their numbered forms, it seems it isn't valid!
My husband asked 'so you're telling me that just because I sent you something on the wrong paper, you are going to send it back to me, and I am going to have to copy the exact words down onto a different piece of paper and send that back to you?'
The guy answered 'yes, that seems to be the case'.
My hubby asked 'Is it just me, or do you find that totally absurd?'.
The guy answered 'I couldn't possibly comment.'

So I expect we will get another form through the post within the next few days.

I also asked him to phone the DLA to see how that case was going, and the outcome of that call was that it had been passed to the Decision Maker, who has a deadline of April 27th to respond to us. The operator couldn't give us any inclination as to the outcome as it has nothing to do with him.

So fingers crossed the next few weeks bring a bit of better news.

[Invasive_Frost]

Whoever you spoke to is wrong that it has to be on their appeal form. The following is taken from the DWP's advisor's site at DWP - NI260 - Part 3: The appeals process - Making an appeal

Providing all the information needed

Letters of appeal can be accepted, but only if they contain all the information needed to deal with your appeal. [SSCS (D&A) Regs 1999 33]
An appeal will only be accepted if the form or letter:

• is signed by the person who has a right of appeal or by a representative who has written authority to act on their behalf
• gives the date and details of the decision under appeal, or enough information for the decision to be identified
• contains the grounds for the appeal. It is not enough to say that you are unhappy with the decision. You must say why you think the decision is wrong.

I guess that they have already sent it back to you so that's not a lot of help, so when you get the form fill out the short part with date of decision, name NI number etc and just write "see attached" in your reason for appeal and sign it. If possible make sure you keep a copy of the form and take it to the jobcentre and ask whoever you speak to there to give you a receipt so that if it goes missing you can still prove that you got the appeal in within the time limits.

[patrickq1]

well done invasive that is what i used with the help of my MP,i forgot to mention Kerrie when you said your MP was not responding the way round this is to contact the opposition MP and complain to them that the MP for your area is not responding to your urgent pleas for help,this will cause the MP some difficulties and also make them move your complaints to the top of their list,also the written letters need to be responded to by asking for the branch manager to deal with your claim and if they fail to satisfy your query about the letter you sent with all details then ask the branch manager to further your complaint to their area manager,this works because my claim is with the secretary of state personally and the branch manager has been removed this week due to inapropiate conduct ? whatever that means but basicly it was because they tried to deny me my FREEDOM OF INFORMATION concerning all my data and they also lied to the MP so at last i have proven my case and shall put on here the full transcript of events for others to see...just try going to the top kerrie and by pass the muppet brigade also when you contacted the DWP/DLA it does not sound like bad news you will probably find that they will deal with your dla claim more favourably...
keep your spirit up and good luck
patrickq1

[davethorp]

Well looks like I'm about to be in the same boat as I got a letter today of Atos wanting me to ring them to make an appointment for a with one of their "doctors" (they've been calling for the last few days too but I'm not about to lose points on the PCA by answering the phone).

Just a quick reminder to anyone who hasn't signed my petition yet at Petition to: reform incapacity benefit so the word of a patients GP is accepted as proof of incapacity. it only has a few days left to run and needs a lot more signatures otherwise it'll just get ignored

[patrickq1]

welcome back dave have nt seen any of your threads for quite a while have you been on holiday anyway signed the petition and as you can see from my thread i am at last getting somewere taken me since 2003 to get this far but they have removed the manager from their post because of all this as it had become too personal to the manager and once they lied to the MP that was it the final straw ....but still aint seen any money yet whats 5 years plus interest lol
patrickq1

[davethorp]

Nah not been on holiday. Been a relatively painless time with benefits though with the exception of the fun last month when they paid us, took it back out of the bank (after we'd withdrawn it all sending us overdrawn) and then told us there was a giro waiting at home for us which they was and we then had to cash, and then pay into the bank to clear the overdraft they'd created. Luckily we didn't get charged!

[patrickq1]

well at least you got some money well done dave,my case is very complex and isnt the run of mill stuff ,as far as i know it has gone as far as purnell now as mcguire tried to ignore it over two years ago so she is to be questioned over all this as it was in her hands and she never even aknowledged the letter all my paperwork had mysteriously dissapeared but at least things are moving now thank god
patrickq1
ps.hope you had a great holiday wish i could but cant afford just yet

[patrickq1]

by the way dave as a follow up you have the right to insist that they test you at your home address
patrickq1
also this way you can video tape the full test which is legal

[Kerrie78]

Hi Folks.
Finally got the DLA decision this morning and as we expected, they have missed several points out. For a start they put You are NOT at risk of: dizzy spells, blackouts, collapsing. They have also got several other small bits of info wrong.

Basically he has been granted the lowest rate of care that they give at £17.10 per week backdated for the last 12 weeks.

My hubby also had a Dr's appointment this afternoon and the doc isn't happy with what he read so he has said he would write another appeal letter to them (lol).
Hubby will be taking the letter to the CAB as soon as he can get an appoinment so that our finaces can get sorted out a bit more.

We were told that DLA would be granted, but from what I read DLA hasn't been granted but a carers rate has been given instead. I am unsure as to whether we can appeal this, cos as least they have granted us something. We dont' really know if he was entitled to anything higher.
Also there is no mential of being partially sighted on their letter?? Would this change anything.

[Kerrie78]

Sorry One more Q!!

Also as the carer's rate has been given, does anyone know if my hubby will be moved back on to Incapacity Benefit because of this new development.

(Oh yes) he also has his Pathways to work interview tomorrow morning (for 4 hours) so I will post again with the outcome of that.

[patrickq1]

yes apeal imediately along with your doctors note and also get the specialist who has seen to your hubby he needs to produce a letter,you alose need to send now to the ATOS ORIGON A Subject Access Request NOTICE and Subject Access Request also to the DWP also write back again to your MP this time with a copy of the same letter to the PRIME MINISTER that your MP has failed to help or even contact you with this matter some months ago and you shall now write to the SHADOW PRIME MINISTER MR CAMERON ,bekeive me kerrie do all this as a matter of urgency,you will win your apeal but it is time the minister got a right good kick up the ass and they are now desperate for votes so when they come round touting for votes in the local election you need to point out all your complaints concerning this to every one of them,you will get a result of that i am sure
also bearing in mind that the EMP DOCTOR HAS FAILED IN HIS DUTY to write in certain factors despite seeing your doctors reports and you wish to make a formal complaint for the emp doctors missing data put this in writing on your claim apeal form
patrickq1

[patrickq1]

forgot to mention Kerrie you need a representative for the appeal so it may now be worth contacting the coventry law centre and ask them for their help as it is urgent
patrickq1

[patrickq1]

before i forget kerrie how are things and also check with your doctor to find out if the DWP/ATOS ORIGON HAVE SENT HIM A IB113 if not and they have done any sort of all works test then they are in trouble and you need to see the doctor to find out first
then you write a full complaint to the ICE i have left a thread on one of the pages further back,aparently they must have your doctors full report before they can make an un biased decision on benefits if not then you have a right to a full appeal in front of and independant adjudicator
patrickq1

[Kerrie78]

Thanks for all your help Patrick.
This afternoon we received a hand written letter which I suspected was going to be more bad news, but it was actually the opposite for once.

It seems that we have WON our appeal to have our Incapacity Benefit re-instated. The letter reads:

We have looked again at our decision.
You asked us to look again at a decision about Incapacity Benefit issued to you on 18/01/08 and 05/03/08.
We have looked again at the facts and evidence we used to make our decision. As a result we have changed the decision.

* You are now entitled to £138.55 a week from 18/01/08 to 09/04/08.
* You are now entitled to £143.95 a week from 10/04/08 to --------.
Arreas of benefit will be caluclated and your benefit re-instated as soon as possible.

We had sent the initial letter asking for a review, then an appeal letter, and I also sent another one confirming it WAS an appeal letter when they replied stating that the Appeal word hadn't been used (even though it had been several times!).

With the second appeal letter we also enclosed the letter written by the Dr and specialist. So it seems they eventually do agree that he isnt fit for work. Shame about all the stress that has been caused because of their incompetence in the first place.

I have still requested all information that the DWP hold on my husbands medical state, I am awaiting this being sent. I also still plan to file the complaint you mentioned as I am not happy with this having happened in the first place, even though the outcome at the moment seems quite promising.

[patrickq1]

my case is going all the way to the high court as i aint accepting any offer because of the stress they put me through and the way they conducted their all works tests,i am fortunate i kept hold of an old AWT and when i got the REGENERATED COPY it was apparent that the DWP had fabricated their own sheets that looked official and it wasnt a genuine AWt from sima they had fabricated the doctors from simas notes so i want to see the DWP answer to the highest court possible i think its what you could describe as peoples justice i aint taking anymore sh*t from this lot after all the years of being afraid they would stop this stop that now who cares i have all my information in front of me and i want heads to roll after all peoples lifes are at stake and this injustice must come right from the top
anyway off my soapbox i am glad you have had good news dont forget to ask for full backdate plus the intrest lost as you are entitled to all of this as well so a curt letter to them to remind you excpect intrest as well
patridckq1