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Thread: Incapacity appeal

  1. #1
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    Incapacity appeal

    I failed the so called medical and appealed against the decision. I got in contact with the CAB who took my case up. I was informed the appeal could take 9 months to be heard! It has been 4 months up to now and I have not received a penny from social security. I am in danger of losing my rented bungalow as the council are harassing me for rent and saying I was overpaid in council tax from my circumstances changed! My doctor has given me sick notes to cover the whole process but they are saying thy wouldn't accept them as the professional nurse who did my medical didnt give me enough points! My further appeals are ongoing. I depend on my friends and family for money as I have zero income! What can I do as my doctor and other professionals say I am not capable of work! Am I entitled to money by law during this process?

  2. #2
    Senior Member beau's Avatar
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    Get advice urgently from a Welfare Rights Adviser who can be found at CAB, your local law centre or your council or county council may employ them.

    The CAB should be able to tell you what you are entitled to, see them again and ask. Your situation cannot be allowed to continue.

  3. #3
    davewhit
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    Quote Originally Posted by Topper Harvy View Post
    I failed the so called medical and appealed against the decision. I got in contact with the CAB who took my case up. I was informed the appeal could take 9 months to be heard! It has been 4 months up to now and I have not received a penny from social security. I am in danger of losing my rented bungalow as the council are harassing me for rent and saying I was overpaid in council tax from my circumstances changed! My doctor has given me sick notes to cover the whole process but they are saying thy wouldn't accept them as the professional nurse who did my medical didnt give me enough points! My further appeals are ongoing. I depend on my friends and family for money as I have zero income! What can I do as my doctor and other professionals say I am not capable of work! Am I entitled to money by law during this process?

    if you filled the form in to appeal and they got it, then you should get basic rate esa till then if you have sick notes

    you talk of further appeals ? if you have appealed at the first level and lost then I dont think you get basic rate till its heard you need expert advise from someone with all the facts at hand

  4. #4
    Senior Member Stepheninleeds's Avatar
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    Yes, you need advice badly. Listen to the others. You are entitled to something, even if it is just Job Seekers Allowance (Not saying that, but an example). Often the people who tell you that you cannot claim benefits are wrong, they do not know what they are talking about.
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  5. #5
    Senior Member beau's Avatar
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    Quote Originally Posted by Stepheninleeds View Post
    Yes, you need advice badly. Listen to the others. You are entitled to something, even if it is just Job Seekers Allowance (Not saying that, but an example). Often the people who tell you that you cannot claim benefits are wrong, they do not know what they are talking about.
    You have a point there. If I remember correctly you can claim job seekers if you are taken off IB until your appeal is heard.

  6. #6
    Senior Member Stepheninleeds's Avatar
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    That is what I had to do when my mother first became disabled. They would not let me claim IS or anything else until she got DLA. So I had to be available & looking for work, but at the same time show she needed constant care to get her full DLA. It also counts in this case as you have to be able to claim some benefit if you are not working. With JSA or IS Topper should be able to get other Benefits too. Bare in mind, if your appeal is backdated they may wish to claim back some of any benefits paid. If we sound like we are confusing you & ourselves it is because we are. The system is so complicated it could be on University Challenge!
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  7. #7
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    Quote Originally Posted by Topper Harvy View Post
    I failed the so called medical and appealed against the decision. I got in contact with the CAB who took my case up. I was informed the appeal could take 9 months to be heard! It has been 4 months up to now and I have not received a penny from social security. I am in danger of losing my rented bungalow as the council are harassing me for rent and saying I was overpaid in council tax from my circumstances changed! My doctor has given me sick notes to cover the whole process but they are saying thy wouldn't accept them as the professional nurse who did my medical didnt give me enough points! My further appeals are ongoing. I depend on my friends and family for money as I have zero income! What can I do as my doctor and other professionals say I am not capable of work! Am I entitled to money by law during this process?
    If your Incapacity Benefit has stopped pending the appeal, then apply for Employment Support Allowance which can be paid while you wait for the appeal hearing. You can ask for backdating of the ESA claim to the date your ICB stopped on the grounds the benefit office failed toadvise you on what yopu could claim. The CAB should have advised you on this and I am suprised this was not done.

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