Appealing against Incapacity Benefit ceasing

A question about : Appealing against Incapacity Benefit ceasing

Hi all

I've been off work with depression since March 2007 and signed onto incapacity benefit in October. I went to a medical through the jobcentre last week, which was very quick and not exactly thorough.

Now I've received a letter saying I only scored 8 out of the 10 I needed to remain getting Incapacity Benefit so it is being ceased. I'm infuriated at this because I have been seeing a psychiatrist, my doctor and have had two medicals from an independent Occupational Health Doctor - who declared I was suffering from severe depression. But this guy at the jobcentre decides I am capable to work, based on a few vague questions.

I only missed the target by 2 points. If I said I drank alcohol before midday I would have got the 10 no problem. I also remember saying I sat for hours sometimes doing nothing but on the copy of the answers I was supposed to give it is marked as a no. I don't see these answers having anything to do with being capable of work, nevermind my job in particular.

Now I am going to appeal but have been told this could take anything between 1 to 3 months. Has anyone else gone through this? How easy is it to win your appeal?

Anxiously awaiting,

Ferret

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Best answers:

• Depression is a bad illness but more doctors are saying that it's benficial for a depressed person's health to work than stay at home. Perhaps they've changed their criteria for it.
• I had exactly the same thing - I appealed and won!
  I have got my next medical next week so not exactly looking forward to it!
  Pm me if you have any questions - I'm happy to help
• i failed my medical and recieved my last payment in may 2007 my appeal is 22 february 2008, thats 9 months since i sent in appeal papers.
  like you i scored 8 points but that was for being deaf in one ear which i have had since birth and was always put as no problems on previous medicals, the dr didn't take any notice of what i said and i am filing a complaint as he has put things that are very untrue and also has put things that suggest he did a full physical medical when he didn't.
  good luck with yours
  donnalove
• My OH has been on IB for a few years due to a couple of his discs disintergrating and depression brought on by his condition. In 2004 he went for a medical and had the IB taken off him, but they 'forgot' to inform us. We found out when we queried why his payment hadn't gone into the bank. That was November and his appeal didn't take place until April 05. We also found that some of the answers weren't written down like we had said. Anyway, the appeal was in front of another doctor and a solicitor I believe(I know he wasn't medical).All they did was ask more questions, I was allowed in with him which I think helped in our case. We had to wait about 20mins for them to make a decision, and we won. But the extra points were given for his depression, not his back problem.
  At the initial medical the Dr. asked if we had had a holiday, if so, where. As if we could afford a holiday on what he got!!! Also, how did we get to the medical, bus car etc.
  Shazza
• the minimum score for incapacity benefit is 15 points not 10
• Thanks to all of you who have replied. It seems that these medicals and the way they work out who is fit to go back to work is - to put it bluntly - crooked.
  I can't believe that no one has tried to make this public.
  If you don't mind I'm going to PM some of you guys for a further chat about your experiences.
  Big thanks,
  The Ferret
• I don't think the criteria or how they work are crooked to be honest. Although I will agree that it seems to largely depend on the professionalism and skill of the atual examiner.
  I do agree the wait is way too long for appeals, but that doesn't come as a surprise bearing in mind the length of time theyhave taken processing things like asylum applications in the past... Good luck everyone
• grr, last time I took my husband to an assessment for his IB I was annoyed by the attitude there. I had to get a special pass key to use a loo in the building (as there wasn't one in the waiting area). I overheard the examiner, who hadn't realised I was in the room next to him, say to another "what shall I get this one on - the medical or the psychological?", and laughed as he said it . I knew he was talking about my husband who suffers with clinical Depression and Arthritis, as I also overheard him asking about the place where we lived at the time - it was 50 miles away from the centre we'd had to travel to and he'd never heard of it.
  My husband did get enough points - he's been hospitalised for Depression and is hardly able to walk so I would've been amazed if he hadn't, but I won't forget the attitude . I am glad that they are weeding out the fraudsters but people with real problems feel bad enough without knowing they are being spoken and thought of that way by 'professionals'. Hmm, it makes me angry. Hope you sort this out soon.
• Hi ferret88
  I am in a similar situation as you regarding Incapacity Benefit(for depression) stopping due to failed medical through the jobcentre. I got 9 points (I only need that extra point).
  I sent the appeal papers in(went to CAB, to help me), and got a choice of either claiming Job Seekers Allowance or Income Support at a reduced rate.
  I am now just waiting for the oral appeal date .
  I know how you must be feeling regarding this, .
  Good luck with your appeal.
  Cheers AJB135
• I am curious as to why a benefit claimant can be prosecuted for lying but a medical examination doctor has no such threat for lying and as such they allowed to lie repeatedly.
  I think some common sense would be for the claimant to verify a reports accuracy before its submitted by signing it, a unsigned medical report would be unadmissable.
• Here's a copy of the guide that ATOS doctors have to follow.
  It's 139 pages long, and there's no mention in it on how to lie!
  https://www.dwp.gov.uk/medical/ibh/ibh.pdf
• I have just received all my paperwork, as my inc ben has been stopped, after i have been recieving it since june 99!
  I had to be examined by a dr at th job centre, and i cannot belive some of the things he has said, small things like "lives at home with wife" (i am a married mother of 2)
  Also, my problem is that i have a narrow airway, crushed by a tumour in 98, and i cannot walk upstairs without becoming breathless, and distressed, he has said on the form "walked up 2 flights of stirs with no problems"
  THERE ARE NO STAIRS IN THE EXAMINATION CENTRE!!!
  And IF there were, and IF i had walked up them i would have been in severe pain and discomfort.
  So, I am appealing at tribunal level, but dont hold out much hope, but i do want to complain to the company who sent this "dr" to examine me and has very blatantly lied about me.
  how do i do that?
  x
• I've had clinical depression on/off for some years, diagnosed with breast cancer in 2006, the dwp wanted to know if it was left or right breast, for reasons only known to them!!!!! Lumpectomy August 2006 followed by chemotherapy then radiotherapy. I know that I'm going to fail this medical and that I cannot work full-time because I get exhausted so easily. I've looked for part-time work without any luck, but if I tell them that they would just pull my incapacity benefit. I'm dreading going for this medical as I've never been for one before and have no idea of what to expect.