Incapacity benefit appeal

[mrs_overall]

My sister is very ill with kidney failure and was finished from work due to ill health. She went for an IB medical and then had her IB stopped as she only received 14 out of 15 points. She was told to apply for Job Seekers allowance and this was refused as she has a monthly occupational pension of �400. She is not eligible for Income Support, Housing benefit, had DLA refused, and her Child Tax credits have stopped as she was overpaid. She is a single parent & cannot manage on �400 a month. She is appealing against the IB decision but has been told it could take months. She has days when she feels suicidal.
Can anyone offer any suggestions to help please?

[sara3]

how old are her children?

[mrs_overall]

9 and 12

[sandbach99]

THe best advice is make an urgent appointment with the Citizens Advice Bureau, they can explain what to claim, how to and help with appeals.

Has her condition deteriorated since her claims were refused?

[sara3]

she wouldn't be eligible for JSA as there is a requirement to be actively seeking work, and she doesn't sound well enough for that. she may be able to get free school meals, but I'm surprised she can't get housing and council tax benefits.

she'd probably do best talking to a welfare advisory body such as CAB, or calling into her local Jobcentre and speaking to an advisor.

[mrs_overall]

Yes it has.
She's due to go into hospital for an op to have a permanent fistula made for dialysis.
On top of the stress of her illness she has the worry of losing her home as she can't pay her mortgage right now.

I'll tell her to ring the CAB tomorrow. Thanks.

[mrs_overall]

sara3 - she's been told she doesn't qualify for any of those benefits because of her occupational pension.

[sag]

My heart breaks at the way the 'system' in this country deals with the likes of your sister. It seems only the wasters benefit! It's good sound advice you have been given about a visit to CAB. They will deal with everything for her. Bless you for being such a supportive sister to her. Wishing her better health soon!

[mrs_overall]

Thanks for your kind words sag.
My sis has worked full time for over 30 years and feels let down in her hour of need. When I think of all the wasters I know who claim benefits but are well enough to have jobs on the side it makes my blood boil.

[bednobs]

is there any work she could do? A few hours in a shop maybe? or some sort of desk job? ironing? Babysitting? Dogsitting? Can the dad of the chld help out with childcare costs? Did she appeal about the DLA decision?

Be aware that even if she did get IB, it would be reduced by her occupational pension

[ashfordshe]

Might be worth while getting your local MP involved to speed up the IB appeal??

[mrs_overall]

That's worth considering ashfordshe. Thanks.

Bednobs, thanks for your suggestions but any type of work is a no go right now. She's so desperately ill she has trouble getting out of bed each day, and is in constant pain. She's lost 4 stone in weight in 6 weeks and looks like a skeleton.
She's divorced but her ex died last year.

[sandbach99]

The CAB will advise her but she maybe able to claim Income support as a single parent, this may help with the mortgage on a interest only basis although the occ. pension would be counted.

Does she claim the sing;e persons discount with the council for help with the Council Tax?
Is there an insurance policy on the mortgage?
If she was still married to her ex when he died she may have widows rights.

[sandbach99]

Sorry I didnt read your prev reply properly forget widows rights

[ashfordshe]

I have forwarded this posting to a friend with many years experience in Welfare Benefits, who hopefully will be able to give you some solid advice.

[mrs_overall]

Thank you all so much for your advice.
Ashfordshe - any advice from your friend will be welcome.
In A Pickle - I'll take you up on your offer on behalf of my sis.

[bednobs]

ok, if someone is having that much trouble, she should re-apply for DLA. Somene wh has difficulty getting out of bed should qualify for at least some help. It's all to do wth the way you fill the forms in. You need to fill them in, while having in your minds eye the worst day. You need to give them information about the things you can't do. I dont know why but people hav a tendancy to put a gloss on things, or make them seem better than they are. i used to work as a nurse and had to help a lot of people with these forms. I remember someone answering the question about getting up and dressed and coming downstairs and she said she "mananged". On closer questioning her husband had to help her out of bed, help with her socks and knickers, do up her bra, then help her down the stairs. She saw this as managing, but if she had put on the form that she "managed ok" it would not have been true, yet it was still true to her, she just wasn't in the right mindset when filling in the form

[SMP]

As bednobs says your sister should reapply for DLA. Both my husband and daughter recieve DLA. Your sister needs to answer each question as to how she is on her worst day. I have been lucky with my daughter as they granted it straight away but when we asked for a review of my husband's when his condition worsened because we missed ticking something they wouldn't change the award. However when we reapplied he was given higher rate indefinately.
The CAB can help fill out the form. Also try the Benefit Enquiry Helpline, you can speak to them on behalf of your sister, the number is 0800 882 200. SMP

[themas]

She must contact CAB tomorrow.

She won't get Housing Benefit because it is only for rent & she owns her house.

She won't get any payment of Income Support because her pension is above the single person limit, but - as already said - may get help (after a waiting period) with mortgage interest.

She should apply for Council Tax Benefit.

She needs help to apply for DLA & with the IB appeal.

Her Child Tax Credit should not have been stopped because of an overpayment. They are supposed to collect the overpayment by deduction of a certain amount (usually 25%) from the ongoing payments. If necessary, she must re-apply.