Incapacity Benefit

[needsomeinfo]

hi my wife as been on Incapacity Benefit for 2 years and had a medical 6 weeks ago that they sent her for and today we had a letter saying they have stopped all her benefits even the rent as she is fit for work but shes not so now we have no money at all to live on and all they keep saying is appeal but this takes ages and i am not very good and writing letters plus we have no money at all anyone got any ideas of what we can do ?

[Undercover-Elsa]

Hi Needsomeinfo,

I so sympathise with your wife's situation. Many illnesses and disabilities are hard to categorise, and if you don't fit into their pigeonholes or know how to answer their very loaded questions you can be inaccurately assessed. I'm sure someoneone with far more knowledge than I have will come along to advise you once I have bumped this back to the top.

In the meantime:

Start the appeal procedure straight away.

Go to your local Citizens Advice to find out what financial help is available.

Your wife should go to her GP and ask for more supporting evidence of her illness.

If your wife's condition has worsened since the examination, or does worsen in the future, she should make a NEW claim for incapacity benefit.

If the appeal fails I believe it may be possible for your wife to claim Jobseekers Allowance giving stipulations as to the type of job that she can or can't do because of her illness.

Hope this helps, and that others more expert will follow on with more explicit advice for you.

In the meantime best of luck to you both

Elsa

[sallysas]

It should be possible for you to claim IS while you appeal this decision. If the CAB are too busy contact your local council (if you are lucky enough to have neighbourhood offices they will be able to assist you). All the best

[needsomeinfo]

update been to CAB no joy so put a claim in for JSA which takes 2 weeks cant get a crisis loan wont give us one so sat here waiting for the elctric to go as we only have £1.20 left of the emerancy had to cancel dierect debits as theres no money to pay them so real fed up

[scooby1001]

Are you working yourself? If not maybe you can get a job and she can appeal her IB being stopped. Or your claim js.

[lawt32]

HI needsome you say your wife has been claiming IB for 2 yrs was she sending in sick notes from her gp and have you recieved a letter from dwp saying she does not have to send in any more sick notes if so your wife is officially medical exempt but, dwp will say you have to go for a med examination they will write to you when this is dont worry it shouldn't happen.

 

Meanwhile try going to dhss and claim an hardship payment this would put you by until no doubt you will win your appeal.

 

Now go to cab and get some help filling out your letters and also take as much evidence the dwp has sent you and ask them about other benefits you are entitled to there are a lot of people out there don't claim all benefits they are definatly entitled to do so.

 

If we don't fight together all these people who are entitled to beneifits loose out and dwp have a mass party plus many extras at xmas with all unclaimed benefits.

[GEORGE SAINT]

HI needsome you say your wife has been claiming IB for 2 yrs was she sending in sick notes from her gp and have you recieved a letter from dwp saying she does not have to send in any more sick notes if so your wife is officially medical exempt but, dwp will say you have to go for a med examination they will write to you when this is dont worry it shouldn't happen.

 

Meanwhile try going to dhss and claim an hardship payment this would put you by until no doubt you will win your appeal.

 

Now go to cab and get some help filling out your letters and also take as much evidence the dwp has sent you and ask them about other benefits you are entitled to there are a lot of people out there don't claim all benefits they are definatly entitled to do so.

 

If we don't fight together all these people who are entitled to beneifits loose out and dwp have a mass party plus many extras at xmas with all unclaimed benefits.

 

 

It appears she had the medical 6 weeks ago - thats why the benefit was stopped? Is that correct? Think you should still appeal and reclaim if the condition has worsened as prev correspondent stated.

Are you able to sign on or claim benefits yourself? - you havent made that clear.

 

As for DWP / DSS staff paying for xmas parties out of saved benefits?? Are you sure matey? hows that going to happen??

[kk3852]

 

As for DWP / DSS staff paying for xmas parties out of saved benefits?? Are you sure matey? hows that going to happen??

 

 

 

I was just wondering the same thing myself !!!

 

Anyway- for the OP, yes your wife needs to appeal but you also need to claim benefit in your own right if you are able to work (or sick)

[sandysue103]

First of all I can promise you that DWP staff don't have Christmas parties unless they pay for them themselves. Absolutely no taxpayers money is spent on any kind of festive frivolity.

 

To go back to the original question, your wife should appeal the decision and see if she can either claim Income Support at a reduced rate and/or ask for the benefit to be reinstated while she is appealing. I know the rules are either changing or have changed so that a person appealing a failure of a medical can just apply to have the benefit reinstated. Either way, contact the your local benefit enquiry line and ask about that and they will tell you what to do. I am slightly out of the loop on that one as you can tell but I am sure Erika or someone else will know.

 

Also, do you know why you were refused a crisis loan? You can appeal that decision too

 

Can you claim some benefits yourself? Are you fit for work or might you qualify for benefits in your own right?

 

Hope that is some help.

[callumsgran]

Unfortunately OP has not logged in since 24th March so could well be in real dire straits, such a shame

 

Lawt32 one is not officially exempt from medicals just because you dont have to send sick notes in anymore, thats only for certain medical conditions

The IB doctor would have recommended that she be signed off for two years then reassessed

[ErikaPNP]

I'm sorry, I just had to butt in here. Apologies to the OP for poking my beak in on your thread.

 

As previously stated I do not work for the jobcebtre myself, but I do deal with them in the course of my work and see what they endure. Also some people who provide advice on these forums do work for the jobcentre, and night after night they come in here to offer assistance, in addition to what they do at work. They take enough abuse at their places of work without getting it in here too. I've not seen abuse as such in this thread, but I did see a comment which was a)non factual and b) uncalled for. I guess it was the last straw for me.

 

Yes, people make wrong decisions. Yes people make errors. They are human, surprise like everyone else. You cannot and should not tar every jobcentre employee with the same brush because you have had a nasty experience with a few. Particularly when they come in here in their own free time to offer assistance. I'd sure appreciate it (and Jobcentre staff will too) if in return for their time on here, you could spend a little time reading this thread: For all the benefit advisors and other that give their expertise! - MoneySavingExpert.com Forums

 

It's nice to see appreciation in a forum and it might also open some people's eyes as to what "these people" put up with on a daily basis. I'm fed up seeing people who give up their own time to help here being tarred with the same brush as a few without reason. If someone makes a direct comment to you on here, then fair enough, but I don't see any of that going on. The attitude towards some people who are trying to offer advice really is uncalled for. I've had terrible experiences with my local NHS, one incidence where my daughter almost died because of their sheer negligence. Do I come in here and give the member Poppynurse abuse? Make comments to her? No, I damned well don't. Because I am adult enough to accept that she is not to blame for the failings of other people I have come across in the organisation she works for. I also recognise she provides fantastic advice in her fields of expertise, and I have actually defended her on occasion when someone was rude to her. (Sorry Poppy for using your name as an example - I hope you don't mind, now I'll apologise to flyingdoc too as I'm about to drag his name up too) Flyingdoc used to (perhaps still does) work for the NHS. Do I use every chance I get to get a cheap dig in at him? Again, no I don't. The NHS are a very large organisation, some are fantastic within that organisation, some couldn't care less, it happens in all jobs/careers and in all walks of life. DWP are also a very large organisation. Some staff are useless, some are fabulous.

 

On here, we are all equals, We all have issues. Most of us give advice. Some of us just take it, not a word of thanks, not a word of how they got on, whether the advice given helped. I came here to seek help for myself and ended up offering advice where I could. On my FIRST posting offering advice, because I was offering advice on a benefits related issue, I got torn down. Why do you think that was? Yep, because people ASSUMED that I worked for jobcentre. Nobody asked, they just assumed. They also assumed that meant they could throw anything they like at me and I had to take it. I don't think so. We are ALL here to help or to receive help. Cut out the comments, unless there is reason for commenting at that specific person. Thank you.

 

Once again, OP I apologise for hijacking your thread. I don't have anything to offer you, as it has all been said by other members. I do however wish you and your wife well and hope you manage to get something sorted with the advice provided.

 

The only thing I will add is see a Welfare Rights Officer. You can find them through your local council. They are a free service, and specialise in helping benefit claimants with benefit issues. They can write letters for you, with you and if you wish they can represent you if you sign a mandate alowing them to do so.

[emmaf01]

As someone who previously worked in Jobcentres, has had to deal with becoming ill and having my IB stopped after a medical gone bad- appealed with the aid of my local council welfare rights officer and won- I can say there are good and bad workers in every shop, office, factory and jobcentre.

 

What gets to people dealing with the DWP is the bureaucracy and lack of control over your life, that someone else makes a (wrong) decision and that's your life screwed for months on end.

 

Like Erika, I recommend the local council welfare rights officer to the OP. They saved my life at the time.

[callumsgran]

I'm sorry, I just had to butt in here. Apologies to the OP for poking my beak in on your thread.

 

As previously stated I do not work for the jobcebtre myself, but I do deal with them in the course of my work and see what they endure. Also some people who provide advice on these forums do work for the jobcentre, and night after night they come in here to offer assistance, in addition to what they do at work. They take enough abuse at their places of work without getting it in here too. I've not seen abuse as such in this thread, but I did see a comment which was a)non factual and b) uncalled for. I guess it was the last straw for me.

 

Yes, people make wrong decisions. Yes people make errors. They are human, surprise like everyone else. You cannot and should not tar every jobcentre employee with the same brush because you have had a nasty experience with a few. Particularly when they come in here in their own free time to offer assistance. I'd sure appreciate it (and Jobcentre staff will too) if in return for their time on here, you could spend a little time reading this thread: For all the benefit advisors and other that give their expertise! - MoneySavingExpert.com Forums

 

It's nice to see appreciation in a forum and it might also open some people's eyes as to what "these people" put up with on a daily basis. I'm fed up seeing people who give up their own time to help here being tarred with the same brush as a few without reason. If someone makes a direct comment to you on here, then fair enough, but I don't see any of that going on. The attitude towards some people who are trying to offer advice really is uncalled for. I've had terrible experiences with my local NHS, one incidence where my daughter almost died because of their sheer negligence. Do I come in here and give the member Poppynurse abuse? Make comments to her? No, I damned well don't. Because I am adult enough to accept that she is not to blame for the failings of other people I have come across in the organisation she works for. I also recognise she provides fantastic advice in her fields of expertise, and I have actually defended her on occasion when someone was rude to her. (Sorry Poppy for using your name as an example - I hope you don't mind, now I'll apologise to flyingdoc too as I'm about to drag his name up too) Flyingdoc used to (perhaps still does) work for the NHS. Do I use every chance I get to get a cheap dig in at him? Again, no I don't. The NHS are a very large organisation, some are fantastic within that organisation, some couldn't care less, it happens in all jobs/careers and in all walks of life. DWP are also a very large organisation. Some staff are useless, some are fabulous.

 

On here, we are all equals, We all have issues. Most of us give advice. Some of us just take it, not a word of thanks, not a word of how they got on, whether the advice given helped. I came here to seek help for myself and ended up offering advice where I could. On my FIRST posting offering advice, because I was offering advice on a benefits related issue, I got torn down. Why do you think that was? Yep, because people ASSUMED that I worked for jobcentre. Nobody asked, they just assumed. They also assumed that meant they could throw anything they like at me and I had to take it. I don't think so. We are ALL here to help or to receive help. Cut out the comments, unless there is reason for commenting at that specific person. Thank you.

 

Once again, OP I apologise for hijacking your thread. I don't have anything to offer you, as it has all been said by other members. I do however wish you and your wife well and hope you manage to get something sorted with the advice provided.

 

The only thing I will add is see a Welfare Rights Officer. You can find them through your local council. They are a free service, and specialise in helping benefit claimants with benefit issues. They can write letters for you, with you and if you wish they can represent you if you sign a mandate alowing them to do so.

:confused: what was that all about?

Have i missed something?

[AA99]

Sorry to hear of your problems, my OH has been on long-term IB now but I found the following site very useful. We didn't know we were entitled to Child Tax Credits until last year when I used it. It is anonymous and quick to use.

 

Start Calculation

 

[Zamzara]

Housing benefit shouldn't be affected by this. They can suspend it while they investigate the change of circumstances and ask you to prove your new income, but the only requirements to get it are being on a low income and having low savings.

[needsomeinfo]

hi sorry i have not been on but we had everything cut off as we could not pay the direct debits and still in a mess now we have not had any money for nearly 4 weeks but we should get some this week hopefully and we have been to the CAB and there are very good and helping us out a lot and the appeal as gone off as the women at CAB said my wife should not of failed and says we will win the case so thats good also they are helping us sort out all the debts even the house we had reposessed again sorry for my bad spelling not very good at reading and writing

[ErikaPNP]

:confused: what was that all about?

Have i missed something?

 

No, Callumsgran. It was just the straw that broke the camels back so to speak. I see threads round here quite a bit with little jibes in them directed at people who come here to help, or openly spouting abuse at people, or make assumptions. The comment about Civil Servants (by Lawt32) using saved taxes to throw a Christmas party just did it for me this time, I'm afraid. It was just that little bit that tipped me over the edge into full rant mode!

 

I fully understand the wrong decisions that go on, as part of what I do I regluarly have to help people who have been affected by these decisions so I witness it first hand how it affects people. However, with that comes dealing directly with the jobcentre and I recognise that not every single person who works there is a bad egg. I have actually been pleasantly surprised by how far some civil servants will go to help a person, doign above and beyond what is part of their remit. It's just a real pity others tar the lot with one brush.

 

It isn't very fair to the ones who utilise their own free time to come here and help. Yes, no-one asks them to come here, and yes there are an array of people who have previously worked in the jobcentre and can offer advice but what a lot of people forget is legislations are updated more regularly than ever now, the benefits sytem is changing (think the introduction of ESA, the outsourcing of Social Fund that is soon to be upon us). In times like these, employees of the Jobcentre who come here to offer their time and advice can be an invaluable source of information and preparation. It would be a terrible shame for them all to disband as members of CAG simply because some small minded people cannot see past the end of their nose and are paranoid that all jobcentre staff are "out to get them"

 

I have nothing against people having a moan about an experience, or about a particular person who has messed up their claim, but to come on here and make comments and spiteful little remarks against all employees of the jobcentre because of a bad (or a few bad) experiences in my opinion is rather uncalled for, when those people come on here to help.

 

I got a little exasperated in my rant, but it had been building up for ages, having seen so many comments just thrown around. If it gets to me, I can only imagine how it gets to the people they are aimed at.

[ErikaPNP]

hi sorry i have not been on but we had everything cut off as we could not pay the direct debits and still in a mess now we have not had any money for nearly 4 weeks but we should get some this week hopefully and we have been to the CAB and there are very good and helping us out a lot and the appeal as gone off as the women at CAB said my wife should not of failed and says we will win the case so thats good also they are helping us sort out all the debts even the house we had reposessed again sorry for my bad spelling not very good at reading and writing

 

I'm sorry to hear things are so bad. I assume that the money you will soon be receiving will be some form of benefit? Or some form of wages? If you have nothing to live on, and you are expecting benefit/wages, have you thought about applying for a Crisis Loan to see you through until you get that money? It is not an ideal solution but it would help you in the meantime. If you win the case and it is shown that your wife's claim was handled badly, due to the effect this has had on your life, I suggest you apply for this: DWP - Advisers - Compensation Recovery Unit: About the Compensation Recovery Unit

 

Again, it isn't much but it's better off in your pocket.

[emmaf01]

I'm glad to here the CAB are assisting you- hopefully you can get this resolved asap.

[Undercover-Elsa]

Terrible shame..seemed very down and if electricity cut off won't be able to get online. Hope they come back and update us

Elsa x

[needsomeinfo]

I'm glad to here the CAB are assisting you- hopefully you can get this resolved asap.

 

hi yes we are getting there slowly but it will take time and we have to save up to pay to go bankrupt i just cant beleave how bad the last 7 months have been its seems to be one thing after another but theres plenty in the same mess as us and where i live domestic violence as gone up 100% with people who are in debt and arguie over it

[WelshMam2009]

hi yes we are getting there slowly but it will take time and we have to save up to pay to go bankrupt

 

Hope it all works out for you...you've been given some good advice on here and should definitely appeal the decision regarding your IB.

 

 

It was just the straw that broke the camels back so to speak. I see threads round here quite a bit with little jibes in them directed at people who come here to help, or openly spouting abuse at people, or make assumptions. The comment about Civil Servants (by Lawt32) using saved taxes to throw a Christmas party just did it for me this time, I'm afraid. It was just that little bit that tipped me over the edge into full rant mode!

 

Lol you did make me smile Erika!!

 

I worked in the public sector for 20 years so can empathise with your comments. Contrary to popular belief, the vast majority of workers are not allowed to claim allowances for second homes, bath plugs or adult movies!!

 

Also, I have been claiming IB for almost 2 years now and, thanks to a lovely lady at the Job Centre (yes, they do exist) am in the process of starting my own company. She has guided me through a rather complex process of obtaining business advice, training and also some grant support from various brokers and charities.

 

As regards the OP being found 'fit to work,' this happened recently to someone I know and they are presently going through the motions of the appeals process with a Trade Union Rep. He said that, based on the medication alone, it was pretty clear that the acquaintance was unfit for work.

 

My medical, comprised a doctor asking me a series of questions from a computer screen with him filling in the answers as we went along. He made it clear that he wasn't the one who made the ultimate decision as that was undertaken by the Job Centre based upon the answers given and the responding number of points scored. Such a system is fundamentally flawed in my opinion if it removes a medically qualified individual's right to use their professional judgement to ascertain a persons ability to work.

[callumsgran]

LOL point taken Erika, i understand now

 

Needsome hun, so pleased to see you back here and glad you are getting some help with your problems

Sounds like you're on the right track

[ErikaPNP]

It is indeed flawed, and it's one thing I've never been able to understand. If for example, a woman or her partner claims a Sure Start Maternity Grant, there is a declaration for their health professional to state how many children are expected, when they are expected, give their UKCC pin number and contact details etc. These are open to fraud just as other claims are, and believe it or not, some Health Professionals are involved in the fraud - however they are usually already under investigation and surprisingly easy to detect. Yet if someone's family doctor who has known the person and their condition for years states someone is incapabale of work, a customer still has to sit a PCA (well used to before ESA came into effect, still getting to grips with that one!) upon completion of a report by a DWP doc.

 

I believe it is the same for employees of DWP though, if they have a disability which restricts their work, they too have to go to a DWP doc for as assessment (the same ones who carried out customer's assessments as part of PCA). The doctor (or nurse) sets out "recommendations for reasonable adjustments". The report is then sent to their line manager - but because they are simply "recommendations" the employer (DWP) are under no obligation to follow it through! It is ultimately down to the line manager to assess whether it is a requirement. I always think if a medic gives their "professional opinion" that should not be over ridden by someone with no medical qualification. I do know of a few cases where people in DWP who have had such assessments which are more often than not a waste of time as most of the major recommendations are never been put into place. But if they use their right to refuse to attend Occupational Health, it is seen as failure to comply and any minor reasonable adjustments that have been made could be lost, particularly if the employee is not covered under the DDA, as not all health conditions are. I know of one case where the person actually had to leave their employment because it exacerbated his condition so badly. Just goes to show really that despite common belief that employees of DWP are given preferential treatment, that in actual fact the staff are not given any more favourable treatment than the customers in respect of the assessment of health conditions, along with many other things.

 

 

LOL @ Callums gran...... I suppose I'm "coming out of my shell" on here a bit more now, eh?! I'm not a ranting, raving lunatic, honest!! ;-)

[needsomeinfo]

quick update at my friends house as my electric as gone off due to job seekers i phoned them on tuesday they said they sent some money on friday nothing had arrived so phoned them up they said yes your claim is sorted and we will send a giro to you for £39 ? thats from the 6th of march until now that cant be right so i blew a gasket and told the bloke on the phone to f..k off and the i told the CAB the same as they didnt want to now either they said they cant claim legal aid for doing it so in other words not interested so we are sat at home with hardly any food and no electric and now had enough