Incapacity benefit medical and welfare rights
I've been on incapacity benefits for about 10 years now and in that time I've had 3 medicals. The last one was just last month. Every time I'm declared fit for work because the doctors there don't listen to me. I'm about to start my third appeal. I've got worse in the last two years yet this time I get no points at all (I've got stomach problems that I won't go into).
I know they changed the process last year but even so I should have enough points to be unfit for work. I'm only able to get out the house once or twice a fortnight. There's loads of details missing in the assessment.
The first two times I went to Welfare Rights and they helped brilliantly through the whole thing. There was someone to help from starting the appeal right through to being with me during appeal in front of the three people in the panel. This time they only help you over the phone. It's almost like phoning a call center as the guy I'm speaking to has a thick Indian accent. A complete change from the nice women that were there before.
Just spent 10 mins on the phone to him giving him some details and I'm now waiting for him to phone back. Great.
Yet another stressful month or two with very little money while the appeal gets put on someone's desk and into a waiting list until I get seen.
I can't believe the uselessness of the people involved and the process itself. I wouldn't mind getting out and about and getting a job with proper money, but there's no way I can do that. It just pisses me off.
If they just looked at my doctor's notes for the end of last year they'd see how bad everything can be when I'm having a bad couple of months. things have slightly improved in the last month or two but I'm still worse than I was 3 years ago. The more I'm out and about the more likely I am to get worse as I have almost no stomach defenses at all. I caught gastroenteritis twice last year and both times I was seriously bad for 2 or 3 days and not able to eat for over a week after that.
The only reason I haven't caught it since august is because I've barely left the house. I don't see the reason why I should go out if there's a good chance I'll catch it again and again and suffer for over a week every time. How's that going to work if I get a job? Every month I'll be off for a fortnight getting over it, back to work only to be off again a couple of weeks later. Who's gonna employ me then? It's unpredictable but often.
How would I survive with no money because I've used up all my sick days, then my holidays as sick days?
The whole process stinks worse than me when I've got gastroenteritis.
Ah well, this is calming me down a bit. Off for a smoke to try and calm down further.
I know they changed the process last year but even so I should have enough points to be unfit for work. I'm only able to get out the house once or twice a fortnight. There's loads of details missing in the assessment.
The first two times I went to Welfare Rights and they helped brilliantly through the whole thing. There was someone to help from starting the appeal right through to being with me during appeal in front of the three people in the panel. This time they only help you over the phone. It's almost like phoning a call center as the guy I'm speaking to has a thick Indian accent. A complete change from the nice women that were there before.
Just spent 10 mins on the phone to him giving him some details and I'm now waiting for him to phone back. Great.
Yet another stressful month or two with very little money while the appeal gets put on someone's desk and into a waiting list until I get seen.
I can't believe the uselessness of the people involved and the process itself. I wouldn't mind getting out and about and getting a job with proper money, but there's no way I can do that. It just pisses me off.
If they just looked at my doctor's notes for the end of last year they'd see how bad everything can be when I'm having a bad couple of months. things have slightly improved in the last month or two but I'm still worse than I was 3 years ago. The more I'm out and about the more likely I am to get worse as I have almost no stomach defenses at all. I caught gastroenteritis twice last year and both times I was seriously bad for 2 or 3 days and not able to eat for over a week after that.
The only reason I haven't caught it since august is because I've barely left the house. I don't see the reason why I should go out if there's a good chance I'll catch it again and again and suffer for over a week every time. How's that going to work if I get a job? Every month I'll be off for a fortnight getting over it, back to work only to be off again a couple of weeks later. Who's gonna employ me then? It's unpredictable but often.
How would I survive with no money because I've used up all my sick days, then my holidays as sick days?
The whole process stinks worse than me when I've got gastroenteritis.
Ah well, this is calming me down a bit. Off for a smoke to try and calm down further.
Post edited by VincentAC on
Oh, no. Every time you turn up something monumental and terrible happens.
I don’t think I have the stomach for it.
--Raziel (Legend of Kain: Soul Reaver 2)
https://www.youtube.com/user/VincentTSFP
I don’t think I have the stomach for it.
--Raziel (Legend of Kain: Soul Reaver 2)
https://www.youtube.com/user/VincentTSFP

Comments
Decided on the spur of the moment to stay local to save a lot of travel and money so I phoned them. Next appointment is the 15th as they're only there once a week and this week is full.
I might end up phoning the welfare people on monday to see them sooner. I'll have to see how I feel.
God I hate this! I can see me going from 3 or 4 to a pack of cigs a day. It'll calm me down but probably make my problems worse.
I don’t think I have the stomach for it.
--Raziel (Legend of Kain: Soul Reaver 2)
https://www.youtube.com/user/VincentTSFP
You can try Citizens Advice, they do appeal work and sometimes do representations although they're being expected to do more work with less money at the moment, same as everyone who's on the frontline of the current crisis.
Have you made sure you've been put on a basic "holding" rate of ESA/IB whilst the appeal goes ahead?
Just curious as to how they make that determination with such a broad spectrum of job types.
I think the holding rate goes through when you actually lodge the appeal and my appeal will go through the day that I meet them. I've got until the 1st of June to give them my appeal.
~?30 a week was what I got the last time. I hope it's gone up a bit since then.
I don’t think I have the stomach for it.
--Raziel (Legend of Kain: Soul Reaver 2)
https://www.youtube.com/user/VincentTSFP
The stupid thing is, the questions I was asked are basically the same as the medical form/questionnaire that I filled in just before new year. It's a waste of time having both. One or the other would be easier and quicker and save loads of delays.
My medical was just over 3 weeks ago and the letter is dated the 1st of May so it takes them quite a while to go through the form and decide. With all the info I gave at the medical they should be able to decide within a day or two.
When the appeal goes through they're more thorough with the questions and make more time for you to tell them relevant info that the standard questions don't cover. And you get to know right there and then if the appeal is successful. Also, when I won my last appeals I got all the money I was due within two weeks.
There's no reason for all the delays and beaurocratic paperwork and nonsense except that the government like making our lives more difficult.
I don’t think I have the stomach for it.
--Raziel (Legend of Kain: Soul Reaver 2)
https://www.youtube.com/user/VincentTSFP
I think there's more to it than that. The current government are committed to getting people off IB/ESA and "into work". The argument is that there are thousands upon thousands of people who claim IB but are "capable of work". How they arrived at this figure is a mystery since it's unknowable.
So what happens is the DWP are told that they have to get a certain number of people from IB/ESA onto Jobseekers Allowance. Being a government department, this basically means it becomes an issue of fulfilling quotas. As long as they get X number of people off IB then the government are happy and can claim to Parliament that they've moved huge number of people who were dishonestly claiming incapacity benefit/trapped in the benefits system (delete according to audience) back into work.
There's an additional problem: they're not getting anyone "back into work", they're moving them from IB to Jobseekers meaning that, since even people who are fit for work and have recent experience are finding it hard to get work, the only real difference from a benefits point of view is they have to go and sign-on every two weeks, that's if they're even physically/mentally capable of doing so.
And, of course, since so many people are challenging the medicals and going to tribunal there's a whole lot of extra work for the government to do and extra expense for the taxpayer. It's not getting people "back into work" and its not saving the taxpayer money, it's just a political ruse which is doing enormous harm to vulnerable people.
What they're supposed to do is thoroughly examine a person's physical and mental health by making them perform simple physical tests, discussing the person's health issues and examining doctor's notes and reports. They then use this to determine whether that person is unfit for work, has limited capability for certain types of work or is fit for general employment.
That's the theory.
What actually seems to happen in many cases is that people are asked a bunch of questions and then declared "fit for work". People with physical problems which aren't immediately obvious (eg ME, bowel problems) or mental health problems seem to get this more than others. A common complaint is that what the person said and what their doctor's say is not taken into account and instead the "medical practitioner" who carries out the examination simply uses a checklist ("Can they lift one arm?", "Do they look dishevelled?" etc) and makes sweeping assumptions on general observations taken during a 20 minute meeting with the person.
Annoying as hell especially since I'm in a different country, and I end up sh*tting my pants as to weither or not she'll have enough cash to get by.
My ma did have a voluntary job in a charity shop she did for a few hours about 3 or 4 days a week, which she got and did before she got ill at the end of october last year. She's now physically and mentally unfit for work. But before she got ill the jobcentre were actually telling her to drop her charity work and get a real job. They even threatened to stop her benefits if she didn't give it up? I was like WTF? I though if you did charity work they left you alone as you were still working?
Anyway she's had a couple of years of hell from the dole idiots, who basically aren't qualified to diagnose her but think they have the f*cking right to because they sit behind a desk with a computer infront of them running some derelict bullsh*t system like NERS II.
Dickheads!!! :mad:
I heard last week they've stopped their benefits again so they will be appealing. The person is in a lot of pain and the stress of the appeal has just made their problems worse.
This also means that they're putting the unemployment numbers up which the media reports as a bad thing when it's actually no different as the numbers of people not working hasn't really changed.
Instead of filling out the form and getting a medical then possibly an appeal all you should have to do is have an appeal setting for the initial medical. The medical guys are just reading off a checklist as you said whereas the appeal actually gets to the problems faced by the unfit people.
If they scrapped everything else and just had the appeals process as the medical then it would solve a lot of the problems. But it would also put the unemployment numbers up because a few people would be out of a job :lol:
In all 3 medicals I've never been asked to do physical tests even though I do have a small problem with doing certain things. The doctor at the medical only had a folder with the form I filled in in december in it. That wasn't even looked at before or while I was there.
I know that because I was asked into the room that a disabled person came out of a minute before they asked for me.
I should have really read all that before I said the above, but never mind :lol:
I don’t think I have the stomach for it.
--Raziel (Legend of Kain: Soul Reaver 2)
https://www.youtube.com/user/VincentTSFP
Because he declined that he lost his medical and had to appeal even though he can barely walk and sit even though he pumps himself full of tablets.
I don’t think I have the stomach for it.
--Raziel (Legend of Kain: Soul Reaver 2)
https://www.youtube.com/user/VincentTSFP
One time my dole gimp offered me a job as a plumber even though I've only ever done computer work :lol:
They really don't know their arse from their elbow.
I don’t think I have the stomach for it.
--Raziel (Legend of Kain: Soul Reaver 2)
https://www.youtube.com/user/VincentTSFP
(Not that the DWP will take any notice of it, but it should be useful at the appeal. I sent about 120 pages of medical records, plus a 6-page letter detailing errors, omissions & inconsistencies in the assessment and decision summary and they took not a blind bit of notice of it. The DWP "decision maker" didn't even bother referring to any source of information other than the ATOS assessment (there's four boxes they can tick on their letter: ATOS, applicant's questionnaire, medical records, other; and they only ticked the ATOS box.)
Download a copy of Statutory Instrument 2008 #794 "The Employment and Support Allowance Regulations 2008" (PDF). It's nearly 200 pages long but has full details of the rules the DWP have to comply with; a thorough knowledge of which can provide numerous opportunities to catch them at fault. It also gives full details on how the medical assessment is scored.
I've been waiting seven months for my appeal to be heard; current estimate is July. I was also scored zero on disability by those buffoons despite having had Parkinson's disease for many years. I've come to the conclusion that they have three rules which they follow religiously and in defiance of all reason & reality:
1. The ATOS assessment is infallible and must not be questioned.
2. Anything which happens outside the purview of the ATOS assessment doesn't exist.
3. Any inconvenient facts which break rules 1 & 2 must be ignored.
I too have an "invisible illness" and often get the impression that people think I'm trying it on. My parents are reasonably well off so I'm still living at home basically living off them so not in dire straits financially (not counting student loan) but even after explaining that I don't want any money off the system (though having to spend 7.80 or whatever it is now a month on prescriptions is a bit of a bitch) you can see the cogs turning round as they think "he says he doesn't want a handout... this must be some clever scam to get a handout!"
That's ridiculous....
Why not suggest to them that you'll do these phone checks for them from home as a job.....sounds like you don't need much actual medical knowledge
That's exactly thats hapenned to the person i know. The surgery they were offered (i think it was to remove a vertabrae from their back) could leave them in a wheelchair but the risk was too great so they said no, but the downside is their in constant pain.
They've suspended my claim for Jobseekers, and after receiving a rather confusing letter that I, my work program advisor & everyone at the Jobcentre couldn't decipher, I phoned them up to find out why..
Apparently, they think I may still be working at Game as I didn't send them my last payslip when my contract ended in January. It seems that filling in 3 different forms, attending interviews and a work program, a fax of my last payment from Game on my bank statement and the fact it was pretty clear Game weren't in a position to keep on any Christmas staff wasn't enough to convince them I had finished...
So, last Thursday I filled in another form, sent them a copy of my last payslip (which I didn't actually receive from Game until the end of March) and hoped it would all be sorted...but I still haven't recieved my allowance, and to make matters worse I received letters from the council and my landlord stating that my rent and council tax benefit was also suspended, meaning if it doesn't get backdated I'll have to pay all that back for the last month somehow as well....
I was hesitant to take on the christmas job in the first place, as when I worked a seasonal job at Game last time, the council mucked up my housing claim and I ended up a grand in debt..... which I'm still paying back!
Now it looks like a similar thing might be on the cards despite the Jobcentre telling me they'd make sure everything was filled in properly this time...and that there was no way it would go wrong...
Really pisses me off how the more you try to do right, the more red tape seems to get you all wound up! I want to get out there and work, but this really isn't inspiring me to take on any more p/t work, as that's twice I've ended up a certain creek because of it....Unfortunately, part time work is about all that seems to exist in Retail these days..
Anyway, my advisor at the jobcentre assured me I'd given them all the info I could, so dunno what the hell is stopping them from giving me my allowance...but that's 3 weeks now without any money whatsoever...
But aye, hope you get your problems sorted out soon, and hopefully I'll get mine sorted as well!
It seems to me that ATOS' "professional opinions" are entirely determined on the basis of who's paying them. They're absolutely corrupt and the sooner they have their license revoked the better.
BTW, the local DWP assessment centre here is nicknamed "Lourdes" by DWP staff themselves... Why? Well, everyone who goes into it sick comes out cured, apparently...
Roll on graduation this year when it'll all start again :lol:
But that grand you've to pay back is ridiculous. And having your current rent/tax problems on top of that just makes it a hundred times worse. I suppose you could have paid it back if you hadn't spent all your money on games :p
I don’t think I have the stomach for it.
--Raziel (Legend of Kain: Soul Reaver 2)
https://www.youtube.com/user/VincentTSFP
Btw, when did they get the contract for the DWP? I don't remember it being them the other times I had a medical. I can't remember who it was before and I probably wouldn't even recognise the name if I heard it but I'm sure it wasn't A()T(ub)O(f)S(h***).
:lol:
I don’t think I have the stomach for it.
--Raziel (Legend of Kain: Soul Reaver 2)
https://www.youtube.com/user/VincentTSFP
www.atoshealthcare.com
Seems ATOS is not an acronym but a word; ie. as in Atos Healthcare.
Their FAQ page doesn't include "Why are your medical assessments so often wrong?", although it does include "How are fluctuating conditions handled in the assessment?", but "badly" isn't mentioned.
But it does include this gem:
:lol: surely that's a joke :p
I don’t think I have the stomach for it.
--Raziel (Legend of Kain: Soul Reaver 2)
https://www.youtube.com/user/VincentTSFP
http://research.dwp.gov.uk/asd/workingage/esa_wca/esa_wca_26072011.pdf
http://research.dwp.gov.uk/asd/workingage/esa_wca/esa_wca_26072011_tables.xls
Only 7% of ESA applications were assessed as being both unfit for work and "work-related activity" (although 36% of applications were abandoned and so the unfit figure was 11% of those applications which were assessed, which is still quite a small proportion). Of the 56% rejected (ie. assessed as fit for work), 39% were deemed unfit for work on appeal.
Those are average figures over the period. The percentage both of appeals and successful appeals was going down over time, which I presume would indicate some improvement in the quality of the assessments. Although when the Health & Welfare bill was being debated in Parliament just recently the poor quality of Atos assessments, particularly with regard to fluctuating conditions, was raised several times, so it's still a problem (as I know from personal experience).
I don’t think I have the stomach for it.
--Raziel (Legend of Kain: Soul Reaver 2)
https://www.youtube.com/user/VincentTSFP
When I appealed (and won) against the decision to stop my Incapacity Benefit I was told by my work advisor that I was the first person she had known to have actually been successful. Astonishing really.
Just back it all up with doctors statements, psychoanalysts etc. , is my best advice.
Good luck.
But... a friend of mine was supposed to be on 25% CT discount, and some HB - this was over 4 years.
I rang the council for her and spoke to a very rude guy who insisted she was entitled to nothing and indicated that she was trying to screw the system...
I rang the local councillor who intervened. As a result, she received the CT discount and was back-paid 4yrs (They actually scrapped that years CT rather than give her a refund), and now receives some help with HB. The same guy from the council rang her with the good news, and his attitude had totally changed.
There is no reason - assuming you have sent all requested details- that they can't back date and investigate previous claims for you... they need a kick to do it though, so try your local councillor...
On many occasions, someone from the council will visit you and will be on your side rather than the robots that you usually speak to that can be quite rude.
After spending about 15 minutes on hold on Tuesday, I finally got through to the DWP and asked where my money was as I'd sent them everything they supposedly needed. This was met with a rather confused lady saying it should have been processed last week, but it hasn't been....she said she'd get in touch with the people responsible for the actual payment into accounts and they'd be in touch later that day......
Surprisingly, it was indeed later that day that I got a call to say that there must have been an error somewhere as I should have had my money sent out once they received the final payslip I sent them. The lady on the phone said it wouldn't be that day I received it now though, as the computer hadn't yet worked out what I was due to receive..however, she would get it sent through on Wednesday with a "same day" clearance so I wouldn't be left any longer without cash......
Wednesday came and went....still no cash! So today, after a particularly bad soaking in the rain and a trip to the Jobcentre, only to remember too late that everyone at the Jobcentre was on strike and therefore I needed to get further soaked and go to my work program office, I rather soggily phoned the DWP for the 5th time....
After another 20 minutes listening to iVivaldi's Spring on a loop, I managed to reach a rather flustered and rude sounding woman who answered the phone with "There's a strike on, and as such we haven't got many resources...can your problem wait until tomorrow?"
"No, not really...it's already been 3 weeks.." I replied
"Is it a new claim?"
"No...an existing claim...I haven't received payment..."
"Can it wait until tomorrow?"
"Sorry..no...I haven't had any money for 3 weeks"
"So it really can't wait?"
This continued in a similar fashion for another minute or so, before I explained what exactly I was trying to discover was only if I had had a payment sent out the day before so as I knew whether or not I would have any chance of being able to buy more food anytime soon....
She then proceeded to spend 5 minutes asking me security question after security question, twice as many as usual...and eventually found my claim was sent through on Wednesday evening, but with a clearance date of the 14th...which is the date I'm due to receive my next payment.....
I still don't know if that will be backdated to cover council tax and rent payments too, and still have no money. Thankfully, my advisor at Ingeus (work program) kindly sorted me out with bus fares so I could get up to my parents, and another few quid so I could get something to eat on the way there. She even offered to do a bank transfer of some more cash I could pay back later, but I declined that....
So yeah, fun & games! But in better news, I did also have a job interview today for a new B&M bargain store that's opening...only problem is it's completely out of my way and will require 3 hours travel and about ?10 in bus fares every day at least..but a job's a job, it's full time and even if it just means not having to deal with bloody Bathgate DWP again, then it has to be worth it! Fingers crossed... :)
Awesome. Rare to see that kind of generosity today.
I don’t think I have the stomach for it.
--Raziel (Legend of Kain: Soul Reaver 2)
https://www.youtube.com/user/VincentTSFP