tribunal disallowed for incapacity benefit can anyone give me some advice

[fizz]

hi guys,
i had my incapacity benefit stopped in december,i have today received the tribunals decision that my appeal has been disallowed,i am just wondering if this has happened to any of you,did you appeal against this decision and what was the outcome,,i realise they have a job to do,but i only needed one point,i just feel a bit deflated im claiming this money because i am unable to work due to suffering from panic attacks,just wondered if anyone can help
thankyou joanne
:winks:

[doodah]

Hiya Joanne - really sorry to hear about your incapacity benefit :(

I did a quick google-search and there are lots of threads about ib being stopped on the consumeractiongroup forums. They all recommend getting support from your doctor, CAB and a Welfare Rights Officer who you can contact by ringing your local council.

I hope you can get this sorted out as it's bound to be causing you worry.

Wendy :hugs:

[overmonnow]

Hi, I have had the same thing happen to me. I was getting Incapacity Benefit for 3 years due to my depression and social phobia, then I had a letter to say my benefit had been stopped as I had been given 8 points on my medical examination eight months earlier (I needed 10 to be able to get Incapacity benefit). I was then told to claim Jobseekers Allowance, and to appeal against the decision. I sought advice at the Citizens Advice Bureau, and they told me to claim E.S.A. instead, and they are now helping me with my appeal.
I have a letter from my own doctor to say I am not fit enough to return to work, and also a letter of support from the community mental health team, as they have arranged for me to see an Occupational Therapy Technician for 2 hours a week to help me with my anxiety.
The tribunal service have given me a date for my appeal tribunal, 3rd of september 2009, so I will update this post with their decision.

[Thumbelina]

Sorry about the way this makes you feel,

But I would like to advise you seriously consider going to work as for me it is one of the major factors that keeps me floating on top of anxiety and depression ocean for the past 3 years.

Try and consider doing at least some hours a week and you will see that work - actually will be the booster of your confidence and will disolve your anxiety slowly.

You might have later other depression and anxiety factors - but you will have an element of stability in your life - and it will be work.

good luck

[fizz]

thanks wendy ill look at that, thanks for taking the time to reply to me ,hope you are well,jo

[fizz]

thumbalina,thanks for your advice,i would really love to work i am not one of these people who enjoy sitting around,but you telling me to go back to work is easier said than done,i suffer from panic attacks which usually happen in stressful conditions, it is my aim to return to work when i feel i can,i dont think that at the momebt i would be doing myself or a future employer any favours by returning to work whrn i am not ready

jo

[oliverb]

hi guys,
i had my incapacity benefit stopped in december,i have today received the tribunals decision that my appeal has been disallowed,i am just wondering if this has happened to any of you,did you appeal against this decision and what was the outcome,,i realise they have a job to do,but i only needed one point,i just feel a bit deflated im claiming this money because i am unable to work due to suffering from panic attacks,just wondered if anyone can help
thankyou joanne
:winks:

Joanne, did you gain nine points at the initial medical assessment and the tribunal refused to grant you the extra one, or did the tribunal make it up to nine?

Whatever, you need to contact your GP, local Citizen's Advice Bureau and/or Welfare Rights organisation. You might also contact the mental health charities, SANE and MIND and ask if they could support you somehow.

[oliverb]

Hi, I have had the same thing happen to me. I was getting Incapacity Benefit for 3 years due to my depression and social phobia, then I had a letter to say my benefit had been stopped as I had been given 8 points on my medical examination eight months earlier (I needed 10 to be able to get Incapacity benefit). I was then told to claim Jobseekers Allowance, and to appeal against the decision. I sought advice at the Citizens Advice Bureau, and they told me to claim E.S.A. instead, and they are now helping me with my appeal.
I have a letter from my own doctor to say I am not fit enough to return to work, and also a letter of support from the community mental health team, as they have arranged for me to see an Occupational Therapy Technician for 2 hours a week to help me with my anxiety.
The tribunal service have given me a date for my appeal tribunal, 3rd of september 2009, so I will update this post with their decision.

So did you begin claiming ESA eight months ago, and if you win your appeal, you'll be put back on Incapacity? Seems a bit weird, seeing that the government is supposed to be switching all IB claimants to ESA anyway, but I guess it's no weirder than being expected to claim Jobseeker's Allowance when your argument for appeal is that you're unfit to work. The whole thing is a shambles. Good luck.

[fizz]

hi oliverb i gained 9 points at the assessment and the tribunal refused to grant me the extra point,

[oliverb]

hi oliverb i gained 9 points at the assessment and the tribunal refused to grant me the extra point,

Did you take anyone with you to speak up for you? If you have any more appeals, don't try it on your own. We're often not our own best advocates.

[fizz]

no i had a paper hearing as i could not attend in person,i wasnt aware i could get someone else to go for me,i am going to appeal against the tribunals decision,do you think i should contact the cab or a welfare organisation
thanks for your help
jo

[oliverb]

Yes, get as much advice as you can. If possibly make an appointment with a Welfare Rights Advisor. If you have difficulty going out, it might be possible for them to come to you. I don't really know if you can appeal an appeal, but there should be something you can do. Don't give up. That's what they want you to do. And if you have another appeal, go along to it. I know it's not easy, but decisions are more likely to go your way if you're there. I believe the stats for successful appeals are: paper appeals: 30%, if you attend: 50% if you take an advocate: 70%. Take someone with you - a Welfare Rights Advisor should agree to go and speak on your behalf. Good luck.

[pocohontis]

:weep:
hi guys,
i had my incapacity benefit stopped in december,i have today received the tribunals decision that my appeal has been disallowed,i am just wondering if this has happened to any of you,did you appeal against this decision and what was the outcome,,i realise they have a job to do,but i only needed one point,i just feel a bit deflated im claiming this money because i am unable to work due to suffering from panic attacks,just wondered if anyone can help
thankyou joanne
:winks:
I was also dissallowed my incapacity appeal,i scored 7 points at medical assessment and all i got was a load of trick questions both at medical and tribuneral.Im going to take it to a second tier tribuneral as i also suffer from panic attacks.They just think were all liars.Karen.

[macc noodle]

Hey guys - read all the posts and it does indeed seem a cruel cruel world out there. However, the government has got to do something to reduce the high level of social benefits paid out and they have to start somewhere - I think what we have to remember is that for every one of us on this site genuinely suffering with mental health issues, there will be other people who know how to work the current system to their advantage.

Great pointer about the advocacy - if 70% are successful as opposed to the paper stat - definitely the way to go!

Keep appealing and chin up to all those stuck in this situation at the moment.

Would just also like to say that working has kept me afloat too and even if you are not fit to work 5 days a week in paid employment, I am sure that you could always find some voluntary work to do just to get you out of the house and concentrating on something other than your illness. It really does work - even on my worst days when I really do not want to go out and feel dreadful, the fact that I have to go makes me go and more often than not I am absolutely fine.

:D

[georgeyy]

can any 1 help me im 29 and have had my ib disallowed the cab are helping me at the mo as im currently in appeal to the tribunal service. i went to the medical and from the off she didnt really want to know and has blatently lied on my test and has given me zero points i suffer depression social phobia and do not leave the house unless im with some1 ive never had problems before but can any1 tell me or give me some advice on what to expect from the tribunal as im petrified !

[nomorepanic]

Hi George

It may be better to start this as a new post rather than add to this old one from another member.

You may get more replies that way.