Incap / JSA help needed

[bbch60]

Hi Everyone

Where do I go from here, I am at my wits end with the benefit departments.

Due to me having to attend an Employment Tribunal in August of this year, I was on IB until May with anxiety and stress, it then got taken off me after I had a Medical Capability Assessment and they deemed me fit for work. I am appealing but it can take up to 4/6 months apparently. Meanwhile I was told to sign on for JSA which I did, when I had the work focus interview, i was so upset having to explain everything again that the staff there told me they would process my claim for JSA but that in their opinion I should return to my Dr and get another sicknote that now says depression (I have been put on anti depressants and sleeping tablets due to everything happening) and then make a new claim for IB.

I did as they suggested and received a letter today saying that they are still turning down my IB claim as they don't feel that I have got any worse than when I had the medical. I phoned the Jobcentre and they said I had to make a new claim for JSA and appeal this second claim.

I went throught he procedure for a new claim and the lady dealing with it was completely astonished and felt that the IB dept had made a mistake and had assessed my 2nd IB claim on my first illness. At the end of her telephone call she transferred me through to IB so that I could ask for the papers to be looked at again and for them to check which illness they had used in coming to their decision.

I spoke to a man there and he said that as I was deemed fit for work in the medical in May, I could not have IB again even though my sicknote is a different illness. He has told me to appeal their decision and then apply for JSA again. I was totally devastated and feel that I am just going round in circles. The IB say I am fit for work. The JSA feel that I am not fit for work. Where do I go from here?

Sorry for the very long message

[old_andrew2007]

bump

[Bazooka Boo]

bbch60......
My problems with the DWP have taken six months for them to sort out! There isn't an easy or quick fix, they're a Govt body and will do anything to hold on to the purse strings. You must always, always, always appeal if you think they have made a wrong decision, do not re-apply and start a new claim. Get onto the DWP website and download their customer charter, yeah I know, they class us as customers go figure!
This will tell you everything they and yourself should do if your not happy.
And above all else, if you can't record your phone conversations with them, then stick to letters and tell them to do the same, this way you have a hard copy of the facts. Or, if you really need to speak to them over the phone then tell them right at the beginning of the call that "this phone call is being recorded" even if it's not, that way then they are less likely to fabricate the truth.
And ask them how/who you should turn to should you wish to escalate the matter further, if you can get the name and number of the head of that department then get the name and number of his manager your quids in, that way then they will know you won't go away. Keep it friendly and polite no matter how annoyed they make you and they do. He who laughs last!! I now have a direct dial number to a Customer Liaison manager for the DWP should I require it in the future, however my problem with the DWP was different to yours so I doubt it will be any use as it will be the wrong department. Don't forget, it aint gonna happen overnight, precise accurate information to the precise accurate people will speed up the laborious process, and good luck, may the force be with you!

[emmaf01]

Contact your local council Welfare rights advisor first thing monday morning. They will handle any appeal, tell you what you are entitled to and speak to the DWP on your behalf. They know the law inside and out.

I went through an appeal of a medical assessment for IB. The welfare rights advisor organised the appeal- we won- and applied and got DLA for me. I cannot speak highly enough of them.

[adamrao]

Originally Posted by emmaf01

Contact your local council Welfare rights advisor first thing monday morning. They will handle any appeal, tell you what you are entitled to and speak to the DWP on your behalf. They know the law inside and out.

I went through an appeal of a medical assessment for IB. The welfare rights advisor organised the appeal- we won- and applied and got DLA for me. I cannot speak highly enough of them.

Yes emmaf01 is right. Please see the Welfare rights or CAB welfare benefits advisor no later than Monday.

I hope its not too late:

When DWP told you have not secured enough points (15 points) in you PCA (medical assessment) they should have told you about the appeal procedures as well. Normally DWP would expect you to go and claim for JSA as now you are declared fit for work. But on the other side you are still getting sick notes from your GP. If you have claimed IB again DWP would treat it as a new claim and should not connect you previous IB with the new one. If DWP presists on JSA and you have logged an appeal within seven days of PCA decision then you will be awarded reduced rate or appeal rate payment and DWP must not advice you to go for JSA.

In case if you have not done so:

1- Please download GL24 form (appeal against DWP decision) http://www.jobcentreplus.gov.uk/JCP/...dev_012310.pdf print it, fill it and fax it to your local Benefits Delivery Centre BDC (if not sure then ring your local job centre and ask for local BDC fax number). By sending this form you will get appeal rate payment and would also earn some more time for your case worker to get fully prepared for tribunal.

2- Then ring Incapacity benefit and tell them you are appealing against the decision so they can keep you in appeal rate benefit.

3- Last but not the least, as emma said, please see Welfare rights or CAB, who offer free advice and case working service.

All the best and keep us updated!!!!!!!!!

Note: On the basis of the fact that you are still getting sick notes you can apply for income support depnding on your savings (not more than £6000), your partner's income, or any other income or capital.

[bbch60]

Hi Everyone

An update - I still have an appeal going through for my initial claim of IB but after starting a claim for JSA twice, the IB have now said I can start again on IB, I should get the paperwork by the end of this week!

To my mind, because they have given it back to me on my second IB claim, I don't think they will have much of a defence against my appeal of the first IB claim.

Thanks for all your advice.