Hi

I have read information on other threads about the Job centre suddenly stopping incapacity benefit and I think it is appalling. I thought I would tell you about my dad's situation.

He has diabetes and a heart anurysm and leaking valve. It means he gets tired very easily, lack of concentration, can't carry heavy things and could be facing yet another vital heart op in the next 6 months.

He had incapacity benefit, until they stopped it and sent a letter 2 days after they stopped it. They sent the form they did they assessment on, with half the questions hadn't even been asked to my dad at the assessment but yet they are marked down as 'fine'. Half the things they have marked down as he is ok, he isn't, it says he has no breathing difficulties and walking and carrying problems when he does - he wasn't even asked these questions!!

They have to live off my mums part time wage for two people and get no help with the mortgage payments as they own their house, which I can't believe they can say they are not entitled to other benefits as apparently £600 is enough for two people as they don't take account of the mortgage,but they would get help if they rented.

We are going to appeal and write to MP and have requested all details of their decision. I looked on the DWP website to find an address to send a Freedom of Information request to but they refer you to the job centre who's page no longer exists then when you search, they barely give you any details of people to send info request to.

Also on job centre, I downloaded some of their 'information' leaflets about incapacity benefit, only to open them and find a sentence saying 'This information is no longer available. Please go to the jobcentreplus homepage'. Big game of back and forth between the DWP website and the Job Centre one.

Anyone get the impression they are doing everything they can to make it harder for people to get the benefits they genuinely deserve???

I don't know how their 'doctors' can justify what they do. They haven't even looked at my dad's GP's report when considering his eligibility. The majority of the test concentrates on mental capacity to do a job - what about physical capacity, there are only half as many questions on that??

I feel so angry about what this is doing to my parents. I can't believe they can do this to all those genuine claims.

did they give a reason for stopping IB? it may due to your parents income of 600 as they will put this amount pound for pound against your benefit entitlement

however I would definitely appeal against the decision and see what they have to say about the assessment form

Hi nblaen,

They said that following the assessment, he no longer qualified as he didn't score enough points. However, they failed to ask him half the questions that they marked answers for and also failed to take note of his doctors report or advise.

They didn't mention anything about my mum's income, that is purely for the fact that they don't receive any help towards house payments as they own it.

thanks for your response

Hello,

sorry to hear of your fathers plight. I would offer more advice but without seeing the forms, it would be futile.

Make an appointment to see a CAB advisor or a local welfare rights specialist.

They are making the benefit harder, but if he is genuinely ill, then this is not acceptable. Definitely definitely appeal.

You could also ask your GP to help, there was a case very recently in my area that was widely reported in the local press, where a chap was denied IB for no real reason, his GP read the story and got involved, writing letters and suchlike, this might help your father too.

Hello K1308, what area are you in? I work as a welfare rights/benefits advisor in Liverpool and would gladly take this up if you were near my area.

Regards

Get them along to their local CAB, if you feel your parents have receives poor service in connection with a claim for incapacity benefit,they should consider making a complaint. He can complain whether or not he also wishes to challenge a decision about incapacity benefit.

He can asks for a decision to be looked at again within one month of receiving it,so tell them to get their fingers out.As already stated he will have to consider whether to ask for the decision to be looked at again (by disputing it) (and then appeal if he still thinks the decision is wrong), or to apply directly for an appeal.

Once this mess is sorted hopeful successfully welfare rights advisors could consider submitting a claim for DLA(disability living allowance) for him, then they should be looking at claims for I/S(income support) and again if successful claim for I/S they would then get help with their mortgage.

Ron

My incapacity benefit was stopped on 4/3/08, which was my brithday. 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.

PP, did no-one help you with your appeal?

Please go to a local council welfare rights officer immediately and get help and advice. I have been in your position, I was told I had failed a medical. Luckily enough I had a welfare rights officer who helped me. With out the proper help I never would have won.

The welfare rights officer can help you now. Phone your local council and make an appointment.

PP, did no-one help you with your appeal?

 

Please go to a local council welfare rights officer immediately and get help and advice. I have been in your position, I was told I had failed a medical. Luckily enough I had a welfare rights officer who helped me. With out the proper help I never would have won.

 

The welfare rights officer can help you now. Phone your local council and make an appointment.

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.

Ok, look at the appeal, but also look at your situation now and see what help you can get. What about DLA- welfare rights could help you with an application for that, perhaps.

And get the welfare rights people to help with your forms- tell them you are having trouble as the whole appeal going wrong has made your health problems worse.

It's not your fault- you asked for help for the appeal and you didn't receive it. I could NEVER have won my appeal by myself as my health problems would have prevented me.

Why not start your own thread where people can specifically give advice on your situation, PP. Any help we can give, we will.

Ok, look at the appeal, but also look at your situation now and see what help you can get. What about DLA- welfare rights could help you with an application for that, perhaps.

 

And get the welfare rights people to help with your forms- tell them you are having trouble as the whole appeal going wrong has made your health problems worse.

 

It's not your fault- you asked for help for the appeal and you didn't receive it. I could NEVER have won my appeal by myself as my health problems would have prevented me.

 

Why not start your own thread where people can specifically give advice on your situation, PP. Any help we can give, we will.

I don't think i would be able to get DLA as i have tried before and because i can get around i am entitled to it. In the appeal they asked me was i able to brush my teeth, wash my face ok.... by this point i was already at the stage where i could say nothing and nothing came out right. They also asked me if i could get around the house ok..... i still have trouble getting the right words out. So thats why i feel it was my fault..... i feel like i should have given better reponses, altho i do think one of the panel members had it in for me.

I am now hoping that when i get the reasons why that they did not go on the point system, because i could appeal again then because that would be wrong by law, but i am doubtful this would happen. I am not sure if i could go for incapacity again, altho you make a point which i could try..... because of all this thats going on my condition has worsen, altho i do not think it would get me anywhere. The thing is, its not that i don't wanna work because i do, its the fact that i know because of my illnesses i can not do full time work. I am now wondering if it would be worth me going to CAB to seek more advice on all this and to see if they can help me with forms ect.

As for starting a thread of my own i would have no idea what to call it.

Try the welfare rights worker instead, PP. They can help you with all of these issues. Just get an appointment and explain it all to them. Take your appeals information and decision papers. They can help.

Try calling the thread "Purple Princess Incapacity Benefit problems".

Thanks for that.

A thread of my own has been started and its called incapacity problems.

So thats why i feel it was my fault..... i feel like i should have given better reponses, altho i do think one of the panel members had it in for me.

This is just my opinion. But I don't think you are right to take the blame on yourself. It seems you were faced with idiots who have no idea what life is like for someone in your situation. Likely getting a nice little salary - some people on these boards are also 'retired' and some claim themselves - and are in no way going to suffer the indignities those who DO suffer have to. Cannot relate to it, and live in a Teletubbie like reality apart from the rest of us. Eg, it's not them ... so they can sit there, bully, badger and belittle you ... cos they have no idea whatever what it is like.

Do not take the blame on yourself is what I am saying here. It is the fault of the system. Pity it didn't stop the four people in the news recently ... from claiming DLA fraudulently. Just wonder how the HELL such people get away with it. Certainly, they must be bribing their own GPs somehow to give evidence to support them being so severely disabled they cannot walk. I've even heard of people claiming under persistent vegetative state ... when there is no medical evidence to support it. Makes you wonder at times.

hi i`v just found this forum so not sure where to start,i received a letter today telling me my is had stopped 4 days ago,and i`m at a total loss as what to do now,i`v got spondylitus,in the spine and neck,and i was asked stupid questions like can i answer the phone!where would i find out about a welfare rights worker,many thanks

Your local council has a welfare rights officer who will help- phone and ask for an appointment.

GingerRav

http://www.consumeractiongroup.co.uk/forum/content.php?114-How-do-I-post-my-story-on-the-Consumer-Action-Group-forum

http://www.consumeractiongroup.co.uk/forum/showthread.php?376222-Re-Incapacity-Benefit-stopped-for-Mum

Ginger Rav has a thread of their own now.. link above.