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TOPIC: Failed Assessment for Incapacity Benefit

Failed Assessment for Incapacity Benefit 6 years 11 months ago #12909

I have suffered from Depression for over 8 years. Was improving with group therapy until a forced house move to another (this) area precluded my therapy. In this area MIND is the preferred option for Mental Health support and although I recognised their enthusiastic and well meaning assistance - I regret that it did not suit me and I stopped going after a month or so. That was 2 years ago.

In October I was called for a Medical Assessment with the dreaded (I now realise) ATOS. If only I had found this site first!

The Polish female doctor was very nice in fact and although I did spot the occasional repeated but re-worded question I left feeling quite confident that I had given an accurate and clear indication of my symptoms and their effects on my life, that she had recognised and understood them and that all should be well.


But the assessment did prompt me to arrange a GP appt where I requested a psychiatric referral (not MIND) which my GP was happy to arrange and indicated that I should receive notice of an appt within 3-4 weeks and also made a follow up appt with her in 4 weeks to check on progress. Things were looking up.

However, on Saturday last (14th) I received my IB65 telling me that I had failed the assessment and was deemed fit for work scoring only 7 of the necessary 10 points required to receive "National Insurance Credits". That was a very bad day. If it were not for the fact that I have a dog that I love very much and could not bring myself to leave him, nor "take him with me", I was as close as I ever have been to "man found dead in car with engine running" syndrome. Another statistic. I sobbed in bed for hours on end.

Looking at the points scored it is clear that what I remember saying is not what has been recorded on the system. There are an extra 5 points that are blatently wrongly witheld, and a couple more that I suppose could be considered as marginal.

To add confusion to the matter, the letter has three tick boxes - the first informing you that you are not entitled to "IB and NI credits", the second "Severe Disablement Allowance" and the third being not entitled to "National Insurance (NI) Credits". It was the latter that was ticked on my form and that they had ceased as from the 9th November.

So, when I phoned the DWP on Monday to ask for an Appeal Form (GL24) and a copy of the Medical Report (promised within 3-4 days) I was shaken to find that I would probably NOT receive my weekly Tuesday payment of £85, and if I did it would be reclaimed at a later date. Another very bad day. And I didn't! The confusion is that my IB was paid as Income Support and there isn't a box for that on the form!

Today I have had to apply for a Crisis Loan and have been "granted" £53 to last me the week!

My dilemma is this. I want to Appeal immediately to get some money coming in, but I am unable to see my doctor this week to get her support for the appeal.

Likewise the upcoming psychiatric assessment would I am sure support my case.

I do not feel that I should perjure myself by applying for Job Seekers when I know full well that I would certainly be a liability to any employer who was to take me on. It's just unethical!

So, do I submit the GL24 immediately and forward supporting evidence at a later date, obviously stating such on the GL24, or do I wait until I have as much as I can get within the month and try and live by applying for Crisis loans in the meantime - money that I will have to pay back!

I do intend to discuss each question with my GP and use the Evidence Sheets provided on this site and will gather other evidence from friends etc. I also intend to supply photographs of my immaculate clean and tidy house as of 10 years ago when I was a high earning Managing Director of a computer dealership, and the hovel of a one bedroomed flat littered with papers, clothes, cups, cans and heaven knows what else to counter ATOS' claim that I am quite capable of caring for myself and my surroundings! Yeah sure!

Do they think we CHOOSE this lifestyle? I am now very angry, not only at the decision itself but also in the process that is clearly causing so much anguish just for the sake of manipulating government targets - "let's get 'em all off IB and onto JSA - that'll please the Daily Mail readers"!!!

I intend to make a total nuisance of myself in this matter, it might be a rather fine piece of occupational therapy.

Your thoughts please.

PS: I am a single gay man aged 51yrs
Last Edit: 6 years 11 months ago by Steve Donnison.
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Re:Failed Assessment for Incapacity Benefit 6 years 11 months ago #12913

Hi Peter,

I'm sorry you're having such a hard time, but do remember you have around a 60-70% chance of winning your appeal.

Fill in the appeal form now and get it in. Use the standard form of words in our IB appeals guide and add a little extra detail if you wish, but make it clear that you will not be able to give all your grounds for appeal until you've received the appeal papers. That's perfectly standard practice.

I edited your post to remove your second name because I wasn't sure if you would want it showing. You can change your forum name using the Your Details link on the left.

Good luck,

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Failed Assessment for Incapacity Benefit 6 years 11 months ago #12937

Thank you for that advice Steve. Remarkably I have just received the Medical Report which has many inconsistencies. I have only read through it once, it will take a few readings to pick out all the relevant innacuracies, but I can see (having been in the IT industry) how the software is working in the background to bias the responses.

Whilst I made it clear that I never answer the phone without screening the calls, the software has elected to score me as having no problems in this area because (I suspect) I have a mobile phone. Therefore, LIMA believes that if you have a mobile phone, you like getting phone calls! Hmmm?
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