Incapacity Benefit problems

[purple_princess]

I had been on incapacity benefit for 8 years because of depression, I had developed other conditions in the mean time, which is bursitis of my right hip and RSI in my right hand, causing me un-able to use the full function of my leg and I went to a medical in February. Failed the assessment as I feel I did not get a fair assessment and everything was put down differently. It was claimed by the medical examiner that I could stand in the shower for 45 minutes among other things, which is no way true and because of my depression I have no take on time or how long I am in the shower, but because I have to use a chair when in the shower standing in the shower for as long as stated would be impossible.

I decided to appeal against this decision, which put me onto reduced rate income support while I was appealing. After four months of waiting I finally got an appeal date. I went to the appeal and even made sure they knew how it was for me, however they dug holes everywhere in anything I had said and made it very hard for me to answer anything correctly, they put me in a position where I would only clam up and find it difficult to get anything I wanted to say out. They asked me stuff like do I know what 50 metres are; well no I don’t because I do not measure distance. They made me feel horrible and got me to a point where I was so confused that nothing was coming out right and I could not say what I wanted to. and they suggested I was lying. I found the appeal very difficult. At this point I had no chance of winning the appeal. I did not win the appeal. I now feel like I could have done more, said more or at least done something that would have won me the appeal. I have feelings of guilt as well because I just feel like I messed it up. I am not sure what to do next or where this will take me, but what I do know is that I was not lying. I told them how it was for me, but I feel they just ripped it to shreds.

I don't think i have many options left. I did go to CAB and i did see someone there, but they could not go with me and i don't think i was pepared enough. The trouble is it was so hard for me to get myself there in the first place and found it so difficult to tell them anything because of the way they treated me. I have now called Welfare Rights and have spoken to them, they have advised me to get the reasons as to why the appeal was turned down, the only way i can appeal now is if its wrong by law. The appeal panal basically did not believe a word i was saying because of the stuff that was put in the orginal report.

I feel so low and down now and i feel very upset that i lost this appeal. I feel like its my fault and i should have said and done more. The CAB worker did not come with me to the appeal, They ripped my submission to pieces. I am at my wits end and don't know which way to turn. I already find it hard to tell people anything i don't know, so they just made it worse for me. In some ways i wish i had never gone because i feel i have wasted four months just for me to fail all over again. I wish someone had been able to go with me because then i would have had more chance and they would not have been able to treat me the way they did. I feel like i blew the appeal myself. In some ways maybe i never got the proper help, i just don't know.

I am also informed by the welfare rights people that i can try to claim incapacity again for a different problem, which i probably could, as i now also suffer from a hip problem and S.A. However i don't know if i could put myself through all the pain again just to fail. JSA is another option for me and i can tell the job centre because of the problems i have i need to restrict my hours that i work, as i know i can not work full-time.

[purple_princess]

I have been speaking to a friend of mine and he has told me that he went through this a few years ago and he just spoke to his doctor about everything and the doctor got the decision overturned. Could this be so and is it worth a try?

[forgottenone]

Have a question for you, which needs clarifying:

They asked me stuff like do I know what 50 metres are; well no I don’t because I do not measure distance.

Are we talking about IB - which does NOT rely on mobility as implied by your comment above eg ability to walk 50 metres being the lowest distance detailed on a DLA form for exaxmple, there are no questions on any IB50 for how far you can walk - or DLA here? If so, they really shouldn't have been asking such questions of you. Maybe it is the appeal tribunal/panel ... who are fault. As it seems they are asking questions not pertinent to IB.

spoke to his doctor about everything and the doctor got the decision overturned.

Erm, your own GP cannot overturn any decision made by the DWP as your GP has no direct access/involvement in the process. All your GP does is provide any evidence when requested by the DWP. So, it's hard to see how your friends GP managed this.

I think a lot of questions need to be asked here ...

What I think you need to do - just me, though - is visit your local advocacy centre. They should be well equipped, well acquinted with all this and will, in some instances, act on your behalf eg speak for you. Unfortunately, although CAB is often the first option for many ... you will need someone who is very knowledgeable about benefits in the first instance.

No disrepect, but you need professional help with this eg through an advocacy services, who may also point you into other directions who can help ... but whatever your friend has said about his/her own GP 'overturning' the DWP decision ... unless they mean they contributed some evidence which did ... is incorrect. That is not how the benefits system works I am afraid.

Good luck.

[emmaf01]

You need to get proper advice about your situation now- are you receiving any benefits?

I still think you should talk to Welfare Rights, get application forms for Incapacity Benefit, Income Support and Disability Living Allowance, go and see your Welfare Rights Officer and get help filling them all in.

I don't think there is a magic wand which will turn back the clock and maje everything okay. But you can get help for now- if you ask for help from welfare rights.

[kembers]

I have just filled out an assessment form for IB (NOT DLA) and that was full of questions about how far i can walk, what i can carry etc. I dread to think waht the outcome will be, but whether they pay me or not, i still cant work.

[emmaf01]

I would never fill out these forma with out the help of a welfare rights advisor- they translate my "normal english" into DWP-speak. That is what makes the difference form me.