Incapacity Stopped with no warning.

[Kerrie78]

Hi all.

To cut a very long story short, my husband had a stroke in October 2006 and a further tia in December 2006, he was on sick pay from his work for as long as they were entitled but then had had to dismiss him on medical grounds.
He underwent heaps of tests and it was shown he had a hole in the heart which needed fixing.
Eventually he was granted Incapacity Benefit and Council Tax payments, plus our child tax Credit.
Everything is now in such a mess I have no idea where to start. We had written proof that due to a drop in our income the CTC said that we were entitled to larger payouts because we had been underpaid, then a couple of months ago they decided that we had been overpaid and we have to pay it all back, then we got a letter from the Council saying that because we owed CTC we had also been overpaid Council Tax and we had to pay them £500 back.

And then this week, after my husband was sent to see a DWP doctor about his condition they have decided that we are no longer entitled to IB because he doesn't score any points. They stopped our payouts with no warning and we have been told that we know have to start a new claim for JSA or IS.

Basically we have also been getting help with mortgage interest payments from the DWP but they only started this November because it took an absolute age for them to sort out.

My husband is still under consultants at the hospitals, he was there yesterday which shows that he has a furhter hole in the heart (they sealed the first one in June), and he has defunct veins carrying tainted blood to his lungs or something, so he still needs a lot of further medical work. He also has partial vision due to the strokes.

I just want to know how, on the work of one DWP Doctor, can these payments just stop. My husband had been signed off by his own doctor until June 2008, he has had 2 MRI scans that show damage, he is very unwell and they are saying he is fit for work!!

We have taken advice from the CAB but there is only so much they can do. We can appeal the decision about the IB but whilst the appeal is ongoing then we lose 20% of the JSA or IS if he is granted that.

We have no other income apart from £103.24 per week Child Tax Credit.
We are now in a severe mess. We have to pay all our bills off this, and it took so long to sort the first lot of IB out that i couldn't bear to go through the same again.

In the space of a week we have lost Council Tax Benefit, Incapacity Benefit with a carer's allowance for me, I now have to phone CTC and tell them of the change, free school meals for our 3 kids, and no doubt our mortgage interest payments will also stop meaning that we could lose our house.

All on the word of one Doctor (if he was that), who decided that despite 40% vision loss, 2 MRI scans showing permanent vision loss due to brain damage, 2 consultants at different hospitals and my husbands own doctor, he still deems my husband as fit. On the form we were sent, he hadn't even taken any advice from the Doctors, he has just written his own score down and that's that.


Please help, I am severely desperate. I am constantly on the phone but what one person tells you, another says it's wrong, you have to phone department after department because nobody deals with more than one thing, and you can't even go and see anybody, all interviews have to be done over the phone. i could honestly scream.

thank you

[johans]

see this thread

Incapacity benefit/income support

helenm 1984s thread

[Kerrie78]

Hi Thanks for that, it makes extremely interesting reading.
I have printed it off to show my husband.

Just an update, he has been to see the GP this morning who is now writing an appeals letter on his behalf to the DWP, see how that goes shall we.
And we also found out this morning that anybody who is awaiting an operation cannot be removed from IB.

[johans]

nice one kerrie, there should be a lot more accountability for those , " civil-oh the irony- servants,who abuse their positions! I really think it should be a criminal charge for them who deliberately mislead legitimate claimants because they are quick enough using the law themselves!

[mrsfoot]

..

[mrsfoot]

Kerrie

First thing is get the leter from your GP. Take this to your local DWP office / jobcentre. The government states how much money a family of yours is entitled to each week. If you are receiving below this then they will have to make it up. See Jobcentre Plus for help with how much your due as a family. Please bare in mind that you will not receive any money for the children from IS or IB as you now get it with tax credit.

Also if you are struggling with utilities and are in arrears then check this link out for help ****Utilities Trust Fund**** there are trust funds available, mainly water companies but its worth having a look through. Also in that link you will find a jobslink link. Click on there and have a look for the area in which your husband or you worked. Some trades have their own trust funds and you can apply to them for assistance.

If you have no luck with the DWP then go straight to see you MP. Take all your paperwork with you, they have been known to have overpayments quoshed in some circumstances!

[Kerrie78]

Thanks for the advice, we are going to collect the appeals letter from the DR and see where to go from there.
All the appeals forms for various things have dropped onto the doormat so I guess for most of the day I will be doing those.
We phoned the DWP yesterday and she is (apparently but I'll believe it when I see it) sending a copy of the Doctors report and a complaints form for us regarding the way the benefit was stopped, and a seperate claim form for us to fill in against that particular individual.

Meanwhile, we have received no money except £103 CTC yesterday, since January 18th and I can't see us getting anything else until Next Thursdays CTC, but as of today we only have £56 in the bank and all the regular SO's to pay off that.
We aren't in debt at the bank and we don't have an overdraft so I really don't want to start going over my limit again due to somebody elses error.

It's a pain in the backside, but it seems common practice with these Goverment run buildings. We have also been told that a regular appeals process takes between 2-3 weeks to look at, so I hope they don't expect us to live on nothing and say they'll backdate us.
i need money now, we have three kids and £103 a week isn't going to do it I'm afraid.

[davethorp]

Have you asked for a review of the decision? This would be the first step before going to an appeal. If you ask for a review and submit all the evidence you have I can't see them standing by the decision (well actually going off my personal experience with the job centre staff maybe they will).

I was in a similar position just under 2 years ago. I've been off for a long time with depression and two years ago I had the 10 minute assessment with one of their doctors (and I use the word doctors grudgingly) who decided in the space of 10 mins that he knew better than my GP who sees me regularly and my incapacity benefit was promptly stopped.

If you do appeal, you will get income support for the duration of the appeal and though this will be at a lower rate at least its some extra money coming in (worth mentioning that I also appealed and lost my appeal as they use the same flawed points system at the appeal as the DWP use)

[patrickq1]

dont worry Kerrie (easy to say that)but i have been on the wrong end of the DWP for almost six years,now with the help of my MP and also written complaint to THE INDEPENDANT CASE EXAMINER (ICE) i have now been offered compensatin to the year dot,but i shall not withdraw my complaint also a complaint to the Information Commissioners Office for their failure to supply all documents concerning ATOS ORIGION who are the DWP DOCTORS ,i already know the dwp doctor lied within his reports as i had five dwp doctor reports,This has as you will probably find out later stems from the DWP office manager who has made a quickfire decicion about your husbands illness i am fortunate that my surgeon also wrote a letter and within the body of the letter he questioned the dwp doctors abilities and his practices concerning my illness which should have been noticed even by this dwp doctor,he has also stated in the letter that if upon any hearing or visit by the DWP DOCTOR trhen he shall be present and also stated the dwp doctors reports were to say the least farcical,big words from a surgeon,i am now awaiting further by pass operation to the heart but i am at last starting to feel less stress,as far as me withdrawing my complaints nothing on this earth will make me nor should i withdraw the complaints,it is now a matter of principle i was made to feel like i was a malingerer and lazy but a triple by pass later still not right but getting their ,my point is do not give up keep fighting but you need to get your specialist letter and dont forget the DWP DOCTOR was sent by the DWP do not beleive your hubby was sent as a formality it was just to get him of their books and also to try to stop the DLA and IB,
good luck but dont give up it will come right
patrickq1

[patrickq1]

The Independent Case Examiner Website - Home Page

[Kerrie78]

Thanks all for your kind words. I am determined to go on and get this sorted, and trust me, I will be making every possible complaint I can think of.
The way they are making my husband feel is inexcuseable. To have a stroke at the age of 37 is bad enough, then another one 2 months later. This was initially put down the job he had which was driving for long periods without a break. At some points he worked 60 or 70 hours a week, and has doen since I met him, so for anyone to think he is lazy and fit for work is beyond me.

He had heaps of tests after the storkes, doctors were baffled due to his age, but eventually we found it was because he had a hole in the heart. And the clots that had formed had passed through this hole and caused the strokes. We were told that a procedure to burn the closure would prevent any further attacks. He waited 6 months for that operation, and has been under constant treatment including warfarin, clopidogrel plus many others since.
A few months ago he had his xrays to see if the procedure had worked, they said it had, but there was now a new hole (we dont know if the surgeons caused this when they were repairing the first one or whether it was initially missed) but he now has to wait for another op to close the second hole.
Also, on Tuesday he was again at the QE where he was told that he had several defunct veins which needed closing as they are carrying blood to the wrong side of his lungs. He is still on medication, and he has been told there is a 2 month waiting list for that, and thats only to find out if the veins are large enough to close.
If they are too narrow then he's been told basically it's tough luck and it's fingers crossed whether he will have further strokes or not.
You can imagine how distraught he is, not knowing if he is even going to live or die, nobody seems to rush themselves, the hospital waiting lists are beyond acceptabel and now the benefits are causing him more stress and there seems no end in sight.

I will, however, follow all the advice on here and try to get this sorted as soon as possible. I have also tried to find an address for my local MP (Lynda walthow) but all I can find is an email service, and they choose whether the email is forwarded or not. Does anybody know if there is a list of correspondance addresses available for MP's, if so a link would be great.

Thanks all
Kerrie

[patrickq1]

DWP - Advisers - Code of Appeals Procedure - Contents
apeals procedures,
How to appeal against a benefits decision : Directgov - Money, tax and benefits

How do I make a request for information under the Freedom of Information Act?

Your request for information must:

• be in writing
• be in permanent form (including e-mail and faxes)
• give your name for reply
• give an address for correspondence (an e-mail address would be acceptable)
• describe the information requested as far as you possibly can
• kerrie fill in the freedom of information you can e mail to the dwp at this address www.dwp.gov.uk/contact/
• send your doctors report to the address i have listed here you deffinitely need the DWP DOCTORS REPORT when you get this you then take it to your doctor for him to make comparative notes and when that is done you can send it to the DWP this will almost certainly make them think twice
• patrickq1

[patrickq1]

Annex B: Contact details

Parliamentary Ombudsman
Millbank Tower
Millbank
London
SW1P 4QP
Tel: 0845 015 4033
E-mail: OPCA.Enquiries@ombudsman. gsi.gov.uk
Website: www.ombudsman.org.uk/pca/index.html
The Parliamentary Ombudsman deals with complaints from members of the public that they have suffered injustice because of maladministration by government departments. A person wishing to have their complaint investigated by the Ombudsman should approach his or her Member of Parliament (MP), as the Ombudsman can only accept complaints referred to her by an MP.
Customers may put their complaint to the Ombudsman at any stage, and in the case of Child Support Agency, irrespective of whether it has been investigated by ICE. However, in practice there is normally an expectation that the complaint has been seen by the Department and pursued through internal complaints procedures, before being referred to the Ombudsman.
Further information on complaints procedures, maladministration, learning from mistakes and the role of the Parliamentary Ombudsman is contained in the booklet “The Ombudsman in Your Files”. This is produced by Cabinet Office and published by The Stationery Office Limited. A leaflet available from the Ombudsman's office entitled “The Parliamentary Ombudsman: How to complain to the Ombudsman” explains what the Ombudsman can do and how to complain to her.
Independent Case Examiner
PO Box 155
Chester
CH99 9SA
Tel: 0845 606 0777
E-mail: ice@ukgov.demon.co.uk
Website: www.ind-case-exam.org.uk/
The Independent Case Examiner (ICE) investigates complaints against the Child Support Agency. Details of the service offered by ICE and advice on how to complain may be found in leaflet ICE 1 or on ICE's website.
Inland Revenue
National Insurance Contributions Office
Benton Park View
Newcastle upon Tyne
NE98 1ZZ
Telephone (0191) 213 5000

• www.inlandrevenue.gov.uk/nic/offices.htm

[patrickq1]

hope this helps kerrie but you must contact your MP and explain in as much detail as possible just the facts
your MP s e mail address should be enough for you to start your complaint
Lynda Waltho: Home

[patrickq1]

lynda@lyndawaltho.org.uk