Incapacity apeal

My OH has just been to an apeal about IB and it has been denied.

ATOS DOCTOR! put in husband's notes "he could play football" and "visited relatives twice a week" my OH is a quiet man but went nuts when this was said at apeal and the judge said "oh doctor must have got mixed up" WHAT! is going on with this ATOS company?

OH came home and realised what had happened European doc employed by ATOS had asked "do you play sports?" my OH said at medical "I USED TO BEFORE ACCIDENT" so doc said he "CAN PLAY SPORTS"
OH was asked "do you visit relatives?" and he repied to so called doc "WHEN HE DID VISIT THEM HAD TO STOP COUPLE OF TIMES FOR A REST" so doc said "he visits relatives twice a week" aghhhh! we are now getting so angry we have just about had enough of the benefits system and my OH has had the stuffing knocked out of him.

OH is now saying he is going to try get a part time job he has arthritis in both knees and ankle due to one leg broken in 3 places and other leg was hanging off at knee, has no cruciate ligaments (excuse spelling)when a car ran into him while he was unloading his lorry he fought for 7 yrs to come off benefit and get back to work again driving but not lorries in the 90s and now when he needs benefit the system is failing him

Sorry for the long rant
He gets industrial injuries with a reduced earnings component hopefully they will not take that from him

Thanks for listening Hazel

Hi Hazel,

I'd advise you request a 'full statement of reasons' for the Tribunal's decision as it appears that they've accepted the ATOS doctor's report and ignored what your husband stated.

When you receive the SoR, you need to consult a welfare rights agency who can see if the Tribunal has made an 'error of law' If so, your husband can appeal to what's now called the Upper Tribunal ( formerly called Social Security Commissioners)

His Industrial Injuries Benefit and REA are safe, as they are assessed differently, and could only be taken away if he had a miracle cure.

Good luck.

Jim

Thankyou for the information Jim

Thank goodness his Ind Inj is safe

Hazel