To ill to work but not ill enough for sickness benefits

[chas2008]

My wife apart from other serious health issues suffers with severe arthritis, back,knees,ankles and worst of all both hands to the point where her fingers are pretty useless.Up until late last year she drove 40 miles a day and worked up to 10 hours a day 5-6 days a week.The arthritis has got steadily worse to the point where she had to give up work,for the first time in either of our lives (we are in our 50s) approached the wonderful benefits system for sickness benefit, guess what ? not enough points and they feel she is fit work...Anyone else had the same problem ?

[katekoala]

Hi - I agree with Eddie ! My mum suffered a spinal stroke and was paralysed waist down - they refused us carers allowance and all other benfiits ... we continued to fight, threaten to write to MPs etc, and funnily enough (albeit some 9 months later) all the benifits were granted and backdated. Its a shame - especially for hardworking people like yourself, when knocked up teenagers seem to get everything !

Keep fighting and dont give up - she WILL be entitled (as may you for carers allowance if theres things she cant do)
xx
good luck

[sandyRoe]

You need to appeal this decision. The CAB could help your wife present her case at the appeal tribunal. I agree with Eddie51, they seem to refuse the first application as a matter of course. But the members of the appeal tribunal often overturn that first decision.

[cathfromsaron]

re-apply! get evidence! and remember its 24 hours per day, not just office hours they need to know about! does she attend a charity like artritis care? worth getting advice from them! xx

[chelle7272]

Absolutely agree with all the above, have had our own experiences with refusal.
Definitely appeal, don't give up and good luck xx

[lucca]

Just want to clarify about Disability Living Allowance. You can apply once you've had your difficulties for minimum of 3 months (which your wife clearly has). Whether you get Incapacity Benefit or not isn't relevant to DLA (in fact, some people who work might qualify on the grounds of the difficulties they have). So fight on for the Incap. ben. but at the same time, apply for DLA. You don't choose which rate you apply for - it's assessed and you're told which rate, if any, you'll get. It's a long, drawn-out process and the form is awful, but it could be worth it, especially as it can open the door to other help and it's not taxed. If your wife gets the higher mobility rate, she can either accept the money or go for a motability car - but if you choose the money, you can get the road tax paid. (They keep that quiet!) You might then be able to apply for Carer's Allowance but only if you're not claiming other bens that cancel it out. Minefield!

[chas2008]

thanks for all the answers, some hope still, on the assesment form all she scored was 9 points and that was for her hands..never seen such c**p in all my life, most of the issues that were discussed were not even mentioned.As best as i can see as long as you can breathe you are capable of working...

[THECORBYLOON]

“The CAB can also tell you exactly which level of benefits you are likedly to get, In your case I would go for higher level Disability living allowance and full careers allowance, you will qualify as I said for a motorbility car if you get these benefits.”

If a person is in receipt only of the DLA mobility component, no-one will receive Carer’s Allowance for that person.

“By the sound of it your wife qualifies for the highest rate of disabled living allowance, the one where you get a free motability car provided. Do not be put off , go for it ! “

A free motability car? It’s not free, the DLA is used to pay for it.

“Appeals are held by diffrent people and the success rate is much higher, around 75% of appeals end up with the claim being upheld”

In the year ended March 2010, of the 41,577 ESA appeals heard at a Tribunal in England and Wales, 15,309 were allowed or 37%

“If your wife gets the higher mobility rate, she can either accept the money or go for a motability car - but if you choose the money, you can get the road tax paid. (They keep that quiet!)”

If you go to the direct.gov website and see how to tax a car. 22:40 Thu 07th Oct 2010