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?

[THECORBYLOON]

Has yir sister asked for a copy of the medical report? If not, she should do and go through it to make sure it reflects what was said during the examination.

It would also be worth checking that the correct scores were allocated.

If there's a combination of physical and mental, I've known the wrong scores to be used. If there's a mental score of 6 or more, then 9 points are added to the physical element and that means if there�s 6 or more physical points, the test is passed.

[mrs_overall]

I spoke to the CAB on her behalf today. Before she can appeal the IB decision, she has to write to them saying why she thinks their decision is wrong. I've done the letter for her today. If they refuse it again, then she goes to the appeal process.
She was refused DLA and didn't tell me about it until it was too late to appeal (1 month). I've phoned the benefits people and she is now going to reapply. I've also dragged her to the building society to explain why she can't pay her mortgage and they're giving her a payment break.
I'm going to her house tomorrow morning and we'll tackle the Child Tax credit issue then.
She feels slightly more hopeful (and less depressed) today, simply because I've taken action. i couldn't have done this without the help of all you lovely, kind people who took the trouble to answer and share your experiences.
Many, many thanks.
I'll keep you posted.

[Rosetta]

As said before, when she reapplies for DLA, make sure she puts in the bad days and the even worse days Sometimes it helps to break down the tasks because its easy to overlook the obvious. If the answers dont match the boxes , just write it down giving� as much relevant detail as possible ( not everybody's difficulties are the same or comparmentalised , ) if they dont need the info they will ignore it. I think by doing this it brings the person to light, not just a box ticking exercise for the person reading the form �Dont forget the keeping an eye on me section as again its easy to dismiss this without digging a bit deeper.

[Rosetta]

Ps sorry if I was teaching my grandmother to suck eggs!!!

[sandbach99]

Had your sister been ill for 6 months before she claimed DLA as there is a bar on claiming before you have been ill for 6 months.

As said previously answer the questions how your sister is on a bad day, she will have adapted her lifestyle to cope with her illness, constant pain makes you tired. I f she has started using ready prepared foods ie veg etc state she is too tired to stand or sit to prepare a meal.

[bednobs]

i dont think it's as much as six months now

[sandbach99]

I've found a web-site that may give you useful advice
www.britishkidney-pa.co.uk, it is the British Kidney Patient Association 01420 472021 or472022.

They may be able to give you practical adcice and may be even a grant in some cases

[salannar]

Quick, quick, hasten to your local CAB who will be most helpful.

[ladyalex]

Is there not a social worker attached to your sister's medical team ? I would think if she is due for dialysis that there must be.
It would be worth your while asking for a referral. They cannot give you any money, but they are well up on what you might/might not be entitled to and, most important of all, they know how to fill in the forms.
All the best.

[Kathyan]

When I hear of cases like this it really makes me angry. The Government pay out thousands of pounds every year to people who don't want to work, but people like your sister, who really need the help, can't get it! I hope that you get things sorted for your sister. She deserves everything she can get. Good luck!

[mrs_overall]

I've shown sis all your posts and she's been moved to tears. We'll takeon board all your advice.
Thanks & big hugs to you all.

[sag]

Bless you both! I pray that all will be sorted for your sister soon and that she can then concentrate on her health. I wish you well! Keep us all posted on how things go for her. Big hugs to you both. XX

[grumpy80]

I am so sorry to hear about the fact your sister is having these diffculties Mrs Overall.

My partner has a friend who has a very severe back injury, thanks to her ex hubby, and as a result cannot work or walk. She has been refused DLA despite the fact that her specialists have written in, as well as her GP and the Social Worker. She has been fighting this so much her condition has worsened.

People like her and your sister deserve to get Incap and DLA. I know one person (cannot say too much on here) who is claiming more than they should. This person will get their just desserts soon. But it is people like him who make the pen pushers turn people down for what they rightfully deserve.

I hope it gets sorted asap. Please send my well wishes to your sister!

[themas]

grumpy 80:

If your friend really can't walk she should be on the top rate of the mobility element of DLA, & almost certainly also on part of the care element.

Make sure she appeals, & get help with the appeal from a specialist welfare benefits adviser - such as at the CAB.