ib exemption info needed

can someone please give me some advise please.

i have been on ib for about 8 years, in that time my benifit has been stopped 5 times due to atos doctors at medical time.

now on 5 occasions i have won my benifit back at appeal giving me a 100% succese rate with appeals (this must say something about these doctors and thats exactly what they are in my opinion)

at my last appeal i was told by them i would never be put through this again, they found me exempt from pca - reason servere mental illness as defined.

now yesterday i have been sent another ib50. i rang jcp who say i was only exempt for 2 years and ythey would send proof of this out to me. well today arrives the last ib35 medical report, underlined is a bit of writing that says claiments condition is unlikley to change for 2 years, jcp are using this saying the doctor said your condition would not change for 2 years, and as its 2 years since your medical we are now sending you the ib50 and you will have to go for another medical.

i have argued that it does not matter what this doctor said in his ib85, its the tribunrals decsion that counts.

can someone give me some advice on this matter as the tribunal clearly stated on the appeal forms i was exempt - serveer mental illness as defined.

Hi incap99,

Please avoid abusive terms about anybody, including Atos staff, we're just not that sort of a site.

If you look in the members area you will find a factsheet called 'Exempt but sent a questionnaire' which you may find helpful.

Unfortunately, the tribunal's decision relates only to the decision under appeal and doesn't last for an indefinite period. So, the fact that a tribunal found that you were exempt doesn't, of itself, mean that the DWP can never review your claim.

What they should be doing is sending out an IB113 to your GP or another health professional to find out if there has been a change in your condition before sending you a questionnaire. But there's more on this in the factsheet.

Good luck,

Steve

sorry for that i wont do it again.

when the tribunral found me exempt from the pca they did not state any time scales, they just tyoed on the form, exempt from pca server mental illness as difined.

good news - dqp have put my ib50 on hold, while they get a copy of the tribunrals findings and we will then take it from there.

Hi incap99,

That's very impressive to have even got them to give that much ground. The whole issue of exemptions is one where the DWP seem to have got away with ignoring the legislation for a long time now.

Good luck,

Steve