help please

[madlady]

in jan 2007 i was told i was not able to claim incapcity benfits as i am able to move my arms and legs and do not have a mental problem.
my illness is in my stomach and i suffer very bad pain every day and no tablets work.
the doctors and hospital dont know whats wrong, i also am only awake for 7 hours a day as i have a sleeping problem.
i appealed against the decsion and gave them a note from my doctor to say i cant work.
i started to claim income support only £45.00 a week
as time went on i forgot i appealed and heard nothing back from them.
this was in jan 2007 its now sep 2008
i phoned up today to find out why i was only on £45.00 as it is meant to be £60 as i read online forgetting i appealed against there descion.
the said they dont know what happened to the appeal and dont know why its taking this long, they will find out and let me know.
they said if i am not lucky another and the appeal is turned down again i will have to go on jsa and look for work.
what are my rights here as i am ill and the doctor says i am to ill to work.

[sea-sidelady]

Thread moved to appropriate forum. You will get more help and advice here.

[forgottenone]

the doctors and hospital dont know whats wrong, i also am only awake for 7 hours a day as i have a sleeping problem.

Just a suggestion ... and some clarification. Before I do, however, IB is awarded for having an illness which prevents you from working over a period of time.

You mentioned that you had an illness in your stomach? But the doctors can find nothing wrong? Correct? And that you have a sleeping problem, can only stay awake 7 hours of the day ... would this be narcolepsy we are talking about here or something entirely different? I am only asking because you say no one can find anything wrong with you, but surely, there must be if you are having these problems?

they said if i am not lucky another and the appeal is turned down again i will have to go on jsa and look for work.
what are my rights here as i am ill and the doctor says i am to ill to work.

Please, I am not having a go at anyone when I say this but you said the medical staff couldn't find anything wrong with you but say your GP says you are too ill to work? So, surely, they must have found something wrong or suspect there is? I merely mention that because GP's don't issue sick notes or Med 4's to people for no reason. Not in the present benefits climate, anyway. What, then, is wrong with you? It helps to know, because it does matter to your claim or appeal.

What I would now suggest ... is to get the aid of your Welfare Rights Officer at your local council. They will both present an appeal on your behalf and assist with the more 'legislative' aspects of the appeal. As a significant lenght of time has now elapsed it's very unlikely you would be able to appeal against the initial claim now.

You could always try DLA BTW.

as i am able to move my arms and legs and do not have a mental problem.

Finally, whom exactly told you that? The DWP? Or the appeal board? Do you have it in writing anywhere? IB is not, and this for the benefit of others BTW, just payable to anyone in that category. If you have long term illness, preventing you from working that is when it's awarded. If you fulfill the score system used to measure your fitnesss to work, then get asssessed by DWP's Medical Services.

But I'd strongly advise you to see or contact your WFO.