Incapacity Benefit Nightmare

[panther12]

I’ve been in receipt of incapacity benefit for many years with depression and a few years back our local welfare rights helped me with a claim for dla, which was rejected but later won at tribunal and I was awarded low rate mob & care. It made me feel so much better just knowing that others actually recognise me for my condition and made a massive difference to me. On renewal 2 years later the lady from welfare did the forms and I was awarded the middle rate care. This meant I qualified for IS and all the extra premiums. For the first time in years I could actually live a normal live.

That was until last March when on another renewal they reduced my care from middle to low so I lost all the IS and premiums. The welfare lady appealed on my behalf and eventually went to another tribunal early in Jan this year. I was interrogated for over an hour & half and made to feel like crap! In the end I was so worn down that I just said whatever I thought they wanted to hear just to it over and done with. They had made their decision even before I walked into the room, and even after going through the ordeal didn’t have the guts to give me their decision on the day, the clerk came out and said they will post it. 2 days later I received the decision – Not entitled to any rate of DLA from March the previous year! I’m now waiting for them to ask for all the money back that they had paid while I was awaiting the tribunal hearing! I now feel like just going to sleep and not waking up again. I’ve stopped all medication as I don’t want to be a burden (after all, the so-called experts at the tribunal more or less told me there’s nothing wrong with so bother anymore. I’m now waiting for the report to filter down to my remaining Incapacity benefit so they stop that as well. I won’t be appealing ever again; they can take the lot from me and the shirt on my back to boot.

[confused76]

Re: DLA & home visits on renewal.

Panther, please don't stop your medication without speaking to your doctor first. I don't know your condition but it's rarely a good idea to just stop taking it...please talk to your doctor.

I'm not sure what the answer is with regards to the DLA and IB but it sounds to me like you need some support. Have you got someone who you can talk to about this?

My thoughts are with you...i'll rack my brain and see if i can think of anything to help you, you shouldn't be left desolate like this. xx

[jen_br]

Re: DLA & home visits on renewal.

Panther, I would like you to call the Samaritans... Or NHS 24 get some advice before stopping any sort of long term medicine.

NHS DIRECT 0845 4647
Samaritans 08457 90 90 90

The tribunal people are human too.... they make mistakes maybe this is one of them.

I urge you tonight to call the above numbers and then come back tomorrow with a fresh head and we can discuss things further so that you can feel better

THERE IS ALWAYS OPTIONS

[Flossy]

Re: DLA & home visits on renewal.

Hi,

I know how you feel from the same experience of being told there was nothing wrong with me and having to fight for DLA for over 3-4 years. I went through 3 tribunals and they made me feel so pathetic I just basically said the same as you.

I eventually got back up and decided that enough was enough. I had had 3 back operations at the times they had knocked me back and also other problems with depression and tumours. They didn't care.

I went to Welfare rights. He was disgusted and helped me through all of it. He did everything for me and got me back in that room where they all sit round looking at you as if you are in court for murder and I got all the DLA.

Please dont stop your medications or you will have very bad side effects and especially if taking for depression you will end up feeling worse than you already do - even if you do not think you could feel worse. You need to see your GP, get hold of your Welfare Rights nearest to you and take one step at a time and you will get there and get your DLA back and even a better rate which will allow you to live a bit better.

I will see if I can find out some details for you but, promise me and everyone here that really does care about you, that you will not stop your medication and you will wait and see if we can all help you get it back. Please?

Flossy

[di30]

Re: DLA & home visits on renewal.

Hi Panther

Oh I am so so sorry to hear of your issues.

I remember going through a difficult time when I put in a claim for my son, he has a form of autism and complex issues, where care is required for day and night, but when first applying they could not understand a claim in regards of autism, the way they used to look at it was, "he looks ok"!!!
I fought for it and went to a tribunal hearing and felt humiliated, but if I have to I will do it again as a right for my son if this is still required.

However, above there is some very good advice for you, and I agree with Jen that it may be a good idea to ring any of those numbers she left for you. And again agree with Jen with mistakes can be made.

I would also continue to take your meds until you speak to your GP and can advise for you.

Please keep us posted, we are here for you.

All the best.

[Never-In-Doubt]

Re: DLA & home visits on renewal.

I'm proud to have posters like you on board. Thanks for your kind words and help to panther who really needs it now more than ever.

Thanks.

Panther, don't be daft now. We can help - even for moral support and we've a few benefit bashers here that have fought and won their declined claim.

Stay with us and keep it together now.....

[CleverClogs (RIP)]

Re: DLA & home visits on renewal.

I now feel like just going to sleep and not waking up again. I’ve stopped all medication...

That's what those evil bastards want - please don't let them succeed.

[panther12]

Re: DLA & home visits on renewal.

Thank you all for the kind words, I really appreciate it. I have cried so much and didn’t think it was possible to shed anymore tears but reading your kind comments has started the waterworks again (in a good way though this time), thank you.

I know I should be talking to my GP to tell them how I’m feeling, the welfare lady said the same but to be honest at the moment I just feel so numb & subdued by it all and can’t face talking to anyone. I will try muster up to talk to my GP. My GP has been really good & supportive in the past and also wrote a letter of support for the appeal to go with all the other medical evidence & the previous CPN report but it was all dismissed at the tribunal as not been relevant. The sheer aggression of the tribunal panel, it was clear from the outset that there was only going to be one decision and felt I was only there to be humiliated and made to feel even worse than I already did. The DWP sent their own representative to the tribunal and I will never forget the first words he said to the panel: “As you can see this smartly dressed gentleman has walked in here needing no assistance and can communicate and is therefore obviously in no need of any rate of dla”! The welfare lady tried to object to his comment but the tone of the chairperson judge was to shut up until I tell you to speak – then a further 1.5 hours of sheer intense bombardment that left me so confused and tongue tied I didn’t even know what day of the week it was! I’ve never been very good at communicating face to face with strangers and the way they angled the questioning I never got to say exactly what I wanted to say or how I really felt. Every time I tried to explain something they would interrupt and patronisingly say “yes now let’s get back to my original question”! In the end I gave up even trying to explain how I felt and just answered everything to go in their favour to get it over with.

The welfare lady has requested a statement of reasons (which still hasn’t arrived) but as I understand any further appeal can only be based if there has been an error in law. She said we can put in a fresh claim but I could never put myself through that again. When it comes to helping others I am a fighter and have helped many friends & family sort out debt or legal problems but for myself this has really knocked me for six. I still can’t sleep thinking about what I went through and that they can judge people this way without even knowing them. At least they’ve got what they wanted – another statistic off the books.

Thanks again for your kind words.

[Undercover Elsa]

Re: DLA & home visits on renewal.

Hi Panther,
I just wanted to add my support for you. What a horrendous ordeal to put someone through, especially someone who is vulnerable and ill. Absolutely shocking.
I know you will just feel like hiding and licking your wounds for now, but please don't let this affect your health. Even if you can't face going to the doctors yet, please please keep taking your medication until you feel able to go. I can't stress enough how crucial it is for you to do this and how dangerous it would be to simply stop them.
In a few days when you've had chance to recover a little from the terrible stress this must have caused you, let's hope you're fighting spirit comes back. We'll be ready and willing to help you every step of the way...you can see the concern and friendship your posts have generated. We're all here for you!
It also sounds as if you have a good supportive doctor, CPN and Welfare team, so surely between us all there must be something that can be done.

Hugs, Shep xxx

[CleverClogs (RIP)]

Re: DLA & home visits on renewal.

The apparent attitude of the berk from the DWP was grossly unprofessional and should not have been permitted by the chairman of that kangaroo court. Had those words not been uttered in front of a tribunal - where the speaker might be able to claim privilege - they would have been defamatory and, as he effectively accused panther of benefit fraud (a criminal offence) there would be no need to prove damages.

Does your MP know about this or is s/he a know-nothing Tory lunkhead?

[Flossy]

Re: DLA & home visits on renewal.

Panther,

I am sorry I didn't realise that you already had Welfare Rights involved. I would suggest that it maybe an idea of changing the one you have to another that will not tolerate being spoken to and patronised like the one you have. I only say that as mine was forceful(in a good way) and made sure I came away with an answer and the correct answer! DLA normally go off your GP's notes and therefore I cant understand why they have made you face a tribunal unless this is due to them clamping down on the 'wrong' people yet again! Maybe you should speak to your GP and ask him/her what they have written on the forms they have to complete. I know my GP made a mistake on mine the first time. It was literally part of my illness abbreviated that they read as the wrong kind of illness. I would advise that you see your GP anyway as the others have suggested. You need some help for how you are feeling now as well as with your DLA. You may also need your medications reviewing. Do you have any specialists at the hospital that you see? They can also help write you a letter for DWP. Letters from friends and family or anyone that has to look after you when you are really bad? The more the better.

I know the feeling like Di and many others that have had to sit at that big table like your in a court room waiting to be sentenced. The first time I had to attend I did the same as you and gave them what they wanted. As soon as they see someone WALK in a room that LOOKS okay they have already made their mind up that they are well. But, they have no right to treat anyone like they did with you and a lot of people on here. I remember the judge saying "I wasnt ill enough"! The DWP guy was also there and said the same kind of thing to them as they did in your case. They do not understand that people can walk, look okay and communicate even if they have an illness. They just dont see it but, as an example - if you have a broken leg / back brace on, etc, they can see that, it looks bad and painful therefore, you are more likely to be awarded due to this. They do not see depression!

The Judge was the same one as the first time I had attended so I knew I was doomed from the start. The third time it wasn't and the judge was so appalled he back dated my DLA. The next time you go, and you will when you get your strength back, the probability of having the same judge is very low. You may get a great judge that understands and back dates it all for you and even awarding you better / higher DLA.

Its very upsetting to hear the sadness in your story, knowing you are crying, getting more upset and feeling like everything is over... It isn't. You have so much left to do now and prove to these idiots at DWP and the 'round table', that you are ill and you deserve to get what you are entitled to.

If I can help in anyway what so ever, please let me know? Even if it is just moral support as everyone has all said on here. We are all here for you and at any time that you feel low and you need to chat or just get it out of your system, then get on here and start typing... It always helps when there are people that care...

Flossy x

[Flossy]

Re: DLA & home visits on renewal.

Your absolutely right Mr CleverClogs!

They did the same with me at the first and second hearing. They are very unprofessional! I would be inclined to complain to DWP about him?

The MP maybe able to help as you say CC, but as you say h/she is probably a lunkhead :-) Although, when I got in touch with mine at the time I was having the same problems, he actually wrote to DWP who have to be seen to be doing something and give an explanation back to the MP and copy to you. Its worth a go...

[CleverClogs (RIP)]

Re: DLA & home visits on renewal.

DLA normally go off your GP's notes and therefore I cant understand why they have made you face a tribunal unless this is due to them clamping down on the 'wrong' people yet again! Maybe you should speak to your GP and ask him/her what they have written on the forms they have to complete. I know my GP made a mistake on mine the first time. It was literally part of my illness abbreviated that they read as the wrong kind of illness.

One has the right to see what any medical practitioner has written about one, under the Access to Medical Reports Act 1988 (link) as well as under the Data Protection At 1998.

[CleverClogs (RIP)]

Re: DLA & home visits on renewal.

Your absolutely right Mr CleverClogs!

It is many years since - out of curiosity - I studied the law on slander, but I recall reading that there were three instances of slander where the claimant would not need to prove their reputation had been impaired:

1. if one were to impugn a maiden's chastity
2. if one were to state that someone was a carrier of an infectious or contagious disease
3. if one were to accuse another of having committed a criminal offence

[Flossy]

Re: DLA & home visits on renewal.

Panther,

As you will find out that Cleverclogs is very good at being CLEVER (as well as cheeky). But, he is very good and can find anything out for you...

There are so many people that are on this site that have either been through what you have and are still going through and also people who really do know their legal stuff.

The main thing for you to do is to take it one step at a time. (I learnt that not that long ago from the Boss :niddy).

You need to deal with your health first by seeing and/or speaking to your GP about how low you are and see if there is anything he/she can do for you. Maybe review your medications and talk about what the GP wrote on your DLA forms.

At this point you will have an idea what your GP has said and you can then post on here about what has been said and happened so far?

We can then all help you move forward to the next step and help you all the way through this ridiculous ordeal that they have put you in/through, and in the mean time you can still chat to us all on here for support and to help you. You are stronger than you know, trust me.