Benefit problems

[Hachi]

Just as I get my financial problems sorted, DWP start playing silly buggers.

I got sent to a independent Doctor last week for a Personal Capability Assessment with the benefits people said I had to go on, I got the result back the other day and it had said I have failed, but looking at the results it seems everything me and my own GP have stated has been ignored.

I rung up today and my options are to appeal (which I will) go on JSA or take Income Support at a reduced rate (20% which is about £50 a month less)

How would I go about getting the reduced rate?, the woman on the phone said to go on JSA while I appeal, but the way I am I can't be dealing with all the hassle, paperwork and miserable faces on the Job Centre (and the traveling)

Also does anyone know how successful appealing is, I think I have a pretty good case as the letter says there is nothing wrong with me, completing ignoring my GPs medical certicate saying I'm not fit for work.

I have to go to hospital next week for an x-ray and blood tests, and this is the last thing thing I needed, the independent doctor just didn't seem to want to know anything I told him about what was actually wrong, and not just his stupid "can I wipe my own backside (he really asked that) questions.

thanks for any advice or comments.

[callumsgran]

Ho Hachi, i intended one of these medicals a few weeks back and 'passed' mine
You have to appeal as i have been told that most appeals are successful (i know, why not just give it to you in the first place?)
If you werent happy with the ATOS doctor i think you can appeal against that too and ask for another medical if necessary.
there is a link on here somewhere to an organisation who are experts on getting you through the medical and subsequent appeals, have a look around
Joa did a sticky on it
Good luck anyway



Here you go!

Home : Benefits and Work

[forgottenone]

Love to help, but afraid ... my own problems prevent me from doing so right now or I would ... There is also here you could get help *think CAG except entirely benefit, disability orientated*:

Youreable.com - The leading disability resource for disabled people

As to ATOS ... DWP 'appointed doctors' ... where do I start with this bunch. You are also entitled BTW to receive a copy of the 'points you scored' in each part of the test and notes made by the appointed doctor at your medical.

I was told quite a while ago about a DWP doctor ... doing a home visit ... my own GP mentioned it to me at the time many years ago now ... simply, their appointed doctor turned up, reeked of alcohol, two sheets to the wind ... obviously unfit to perform or practice medicine let alone a 'medical' ... this is completely true, my GP had no reason to lie ... but it goes on ... far too much.

Digressing, but coming to something ... when the person deemed 'fit' to decide it you are 'fit' isn't fit for purpose. Many more where that came from. And spurious, inaccurate reports in the media do nothing to help vulnerable people.

But, I'd really try and get hold of your report from your 'medical' *if you can accurately, honestly refer to what they put human beings to as any form of humane test* as it would surprise you that most of them are very poorly completed, attrociously so ... and it can all hinge on how the doctor felt on the day eg having a bad day ... can mean the difference between them ticking 'fit' or 'unfit' for work.

But what I always find astonishing about their decision making - because it's down to the decision makers, after your medical ... doctor may decide 'unfit' but then a DM makes the final decision, can overule the doctor's decision ... yes, it's crazy that non medically trained people can do this but that's the DWP, medical process in a nutshell for you! ... - is that people can falsely claim, get passed unfit in the medical. Just makes you wonder.

[*Twinkle*]

Mr Twinkle was on DLA for years with a condition that makes it very difficult for him to hold a job. He's tried all available medications and underwent 2 major operations to fix the condition, sadly niether of these worked.

One day he was invited to yet another assessment. Everything seemed to go well until we recieved the results- failed. This was despite passing everyone in the past!!! The problem was that the questions weren't aimed towards his type of condition.

You'll need to check this because I believe that if you take JSA and win your appeal you get fully backdated DLA from the date it stopped but the income support one is not backdated or something like that, I don't really remember so you should check.

Anyway we appealed the descision and lost again. So we took it to the independant tribunal which is the next step, we were in there about 5 minutes when the 3 baffled doctors explained that they couldn't understand how the case had got this far and we won.

Mr Twinkle got 3 months backdated DLA. This lump sum of money was used by him to get driving lessons (something the job centre would not help with, even tho he had a gauranteed job on passing) and he has now got the job he was promised and hopefully we will never have to deal with the social again.