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IB withdrawn - fit for work


JohnB_2007
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Hi all,

 

I am looking for some advice on behalf of my father after he was recently taken off incapacity benefit and declared fit for work.

 

He has been ill for years with various physical and mental problems. He is anything but, in my opinion fit for work.

 

He was recently called for a medical, which he has had plenty in the past and after that he has been declared 100% fit, with no acknowledgement to any of his medical problems and now ready for work.

 

Just a run down of a few of his issues which stop him from working:

- he has schizophrenia

- he is not able to walk more than roughly 50 meters unaided

- he can not sit for any period of time

- he has really bad back problems and other issues with joints (he has been attending pain clinics for quite a while for this and also takes high doses of morphine)

- he is not able to properly use his hands after injuries in his previous jobs

- through his medication he is vomiting most days and other unpleasant side effects

 

He happily worked for many years for a company that made underground telephone cables for BT. His job (before health and safely) has serious effected his health in later life. He worked 12 hour shifts with constant vibrations through his body which has knackard all his joints up. He also got metal fragments in his eyes which have made his eyesight poor for his age.

 

His doctor is fully aware of all his issues and they have fortnightly appointments to go through everything, sometimes topped up with a visit at home if he's particularly bad.

 

He has been in and out of a&e a few times over the past year as well after having uncontrollable panic attacks. These have however got a bit better with medication.

 

He is on so many different drugs it would be reckless for any employer to let him anywhere near their business, not to mention he could actually be a genuine danger to other people working there.

 

I am at a loss what to do, I live 400 miles away. I already pay out of my own money for a carer to assist him with washing in the morning and keeping the house as tidy as possible.

 

Has anyone else experienced this? I am all for clearing up the benefit system and getting people off who do not need it. I am not even sure if his issues are even classed as a disability anymore!

Edited by JohnB_2007
put wrong benefit
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Okay, he needs to appeal

 

Meanwhile he needs to get his GP to give him sick notes.

 

There is nothing to stop him claiming ESA and submitting the GP's sick notes if it is at least 6 months since he last claimed.

 

Is he also in receipt of DLA as that is something totally different to IB/ESA?

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Thanks for your reply gordies.

 

I will call his GP for him about a sick note, I am guessing now he is "fit for work" he needs to be signed off.

 

He is not claiming DLA (put the wrong thing in the title of my thread), I did make a claim for him around 2 years ago but this was denied and after making enquiries at the time there did not seem any point in appealing but he has got a lot worse since then and I have since started to pay for basic care myself

 

He has never claimed ESA so he should be entitled to that.

 

Thanks again

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Bit confused the title of this thread is DLA withdrawn - fit for work. Then in your post you put ESA? I think you mean Incapacity Benefit withdrawn (as he has been migrated to ESA and has had a work capability assessment)?

 

I would just say that being awarded 0 points in an ATOS face to face assessment is not saying he is 100% fit even ATOS do not say that. What the points mean is in their view your father is capable of doing 'some jobs' despite his illness/disability.

 

Always worth appealing, meanwhile send in fit notes regularly and gather evidence together for the tribunal. Evidence from specialists is better than your GP, so his mental health team or hospital specislists are better. Reason being most GP's will write down what you say your symptoms are so they are not seen as 'fixed record of proof' whereas specialists will write what they know about the condition etc.

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Yeah, sorry abc123def I had so many terms in my mind I put DLA, then edited it when I realised.

 

I think there will be a good history of medical records. He has been under the care of various specialists for different things. He is still attending pain management clinics for his back and joints issues. He also sees someone about his mental health side about every 6-12 months.

 

Called the GP, they are due to call me back when he has time to speak to me.

 

We will appeal, it is just knowing how to do it and if it is possible. As I say I am not really clued up on these things.

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Spoke to my fathers GP. He has issued a 3 month sicknote and has refereed him to a social worker to assist with appealing.

 

Thanks for everyone's help. Hopefully the payments do not stop while the appeal is in process!

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