A family member of mine wants to know if anyone else has had problems with incapsity benefit, as in has anyone else been taken off it when they CLEARLY have a disability? or problems with medical services?

if so did u fight it and did u get it back?

My famiy member is in the middle of trying to fight for it but with no success, she's finding it hard and is about to give up, which i think she shouldnt do as she is incapable to work! even tho they have taken her off it the doctor has given her another sick note saying she cant! :loopy:

...............

Yes, the decision would have been made by a doctor who is a GP, but for the examination is employed by DWP.

What is the nature of the disability, and does the further note have a different disability, or is it the same problem?

its the same problem,,, they have incontinance, they have been like this YEARS!!! i mean at least 20, she's are under the continance doctor at their surgery, to qualify for incapsity benefit u must get 15 points,, these points r made up from questions they ask you so the question mite be can u peel a carrot, lets say u cant that mite b 9 points,,, incontinance is 15 points straight away. but they still took her off it.

i have read the report that they wrote and the wording is very clever! in the report he put something like "client says they dont do any house work (which she doesnt her husband is like mary poppins) but came today with NAIL VARNISH ON!!!!!!!" i have seen this for myself! he asked her during the "medical interview" which soaps she watched if she didnt do any house work, she said she didnt watch anyday time tv (which she doesnt,, now dont get me wrong she watches tv like everyone else but not soaps!), and he supposed to have asked her something like 1350 questions in 24 minutes!!!!!!!

absolute stupidity!!!!!!

littlestarshine ........ Check your PM box.

its the same problem,,, they have incontinance, they have been like this YEARS!!! i mean at least 20, she's are under the continance doctor at their surgery, to qualify for incapsity benefit u must get 15 points,, these points r made up from questions they ask you so the question mite be can u peel a carrot, lets say u cant that mite b 9 points,,, incontinance is 15 points straight away. but they still took her off it.

i have read the report that they wrote and the wording is very clever! in the report he put something like "client says they dont do any house work (which she doesnt her husband is like mary poppins) but came today with NAIL VARNISH ON!!!!!!!" i have seen this for myself! he asked her during the "medical interview" which soaps she watched if she didnt do any house work, she said she didnt watch anyday time tv (which she doesnt,, now dont get me wrong she watches tv like everyone else but not soaps!), and he supposed to have asked her something like 1350 questions in 24 minutes!!!!!!!

absolute stupidity!!!!!!

No. If someone has 'no voluntary control over the bladder or bowels', or if someone 'loses control of the bowels at least once a month', then 15 points are awarded. If the incontinence relates to the bladder, and is at least once a month, 3 points are awarded.

yeah thats right but theres an option for once a week and once a day and no control at all that are extra points

yeah thats right but theres an option for once a week and once a day and no control at all that are extra points

No there isn't. Not in relation to bladder problems.

Are there not things called continence pads? Is there some reason they would not work?

No. If someone has 'no voluntary control over the bladder or bowels', or if someone 'loses control of the bowels at least once a month', then 15 points are awarded. If the incontinence relates to the bladder, and is at least once a month, 3 points are awarded.
^^^^ thats what u said

yeah thats right but theres an option for once a week and once a day and no control at all that are extra points
^^^ thats what i said

so in a nut shell we both agree that yes it is 3 point for loosing control of bladder once a month,,,, BUT it 15 for no control at all,,, yes? with me so far?

well that what she has,,,, NO CONTROL AT ALL hence why i didnt bother confusing people by explaining the point system,,,

and besides that u said something wrong earlier,,, the decision is made by a non professional,,,, hence why all the forms about the decision they come to cannot b in medical terminology, its the examination that done by a medical gp,,, an thats a quesionnaire thats he answers on a computer,, which is why i said earlier about my family member supposdly answering so many questions in a short period of time

its the computer that calculates the points,, but because my family member stays in the house as not to make a fool of herself while shes out he docked her points because the question was "how often do you loose control in public?" well he doesnt go out!!!

No. If someone has 'no voluntary control over the bladder or bowels', or if someone 'loses control of the bowels at least once a month', then 15 points are awarded. If the incontinence relates to the bladder, and is at least once a month, 3 points are awarded.
^^^^ thats what u said

yeah thats right but theres an option for once a week and once a day and no control at all that are extra points
^^^ thats what i said

so in a nut shell we both agree that yes it is 3 point for loosing control of bladder once a month,,,, BUT it 15 for no control at all,,, yes? with me so far?

well that what she has,,,, NO CONTROL AT ALL hence why i didnt bother confusing people by explaining the point system,,,

and besides that u said something wrong earlier,,, the decision is made by a non professional,,,, hence why all the forms about the decision they come to cannot b in medical terminology, its the examination that done by a medical gp,,, an thats a quesionnaire thats he answers on a computer,, which is why i said earlier about my family member supposdly answering so many questions in a short period of time

its the computer that calculates the points,, but because my family member stays in the house as not to make a fool of herself while shes out he docked her points because the question was "how often do you loose control in public?" well he doesnt go out!!!

Right, let's calm down. I've been dealing with this sort of thing all my working life, and I'm trying to help. Don't shout or get angry with me, love.

The decision is made by a civil servant, on the recommendation of the GP. Effectively the GP makes the decision, and scores accordingly during the Personal Capability Assessment (examination).

What you said could be misleading to others with the same problem, so I wanted to make it clear.

You are correct that if she has no voluntary control of her bladder at all then 15 points should be awarded. If that is the case, then get her GP to provide a statement to that effect, and submit that as well as asking for a reconsideration of the decision. If she has already asked for a reconsideration, then still submit it, but make sure it has her NI number on the statement.

She would be as well trying to claim Disability Living Allowance as well, if she hasn't already.

What is she doing for money at the moment?

thats exactly whats happened and they STILL havent taken it into account!


the doctor has made a mstake he DID put the wrong information down her doctor did provide a letter and they have totally disregarded it. so if it her word against the doctor thy will alway take his wrd, even above her own doctor, im sorry if i seemed short but this is a serious injustice!

sorry as for the money situation she doesnt get anything as relys on her husband small private pension which mean shes cant sign on either

thats exactly whats happened and they STILL havent taken it into account!


the doctor has made a mstake he DID put the wrong information down her doctor did provide a letter and they have totally disregarded it. so if it her word against the doctor thy will alway take his wrd, even above her own doctor, im sorry if i seemed short but this is a serious injustice!

No worries.

When was the date of the reconsideration decision (roughly)?

sorry as for the money situation she doesnt get anything as relys on her husband small private pension which mean shes cant sign on either

Well that depends on how much the pension is, and they may get some help with housing, if they need it.

their house is nearly bought ,,,, would that make a difference?

the decision has been and gone that got turned down too,,, its now going back to the 12 o clock court for the appeal, sometime in july

their house is nearly bought ,,,, would that make a difference?

They might be able to get some mortgage interest relief.

the decision has been and gone that got turned down too,,, its now going back to the 12 o clock court for the appeal, sometime in july

I was wondering whether it was done in time, that's all. Until the Appeals Service sets a date, she won't know when it may be.

Make sure she has some representation. There will be a copy of the GP's letter in the bundle which is presented to the tribunal and the representative, but has she got a copy of it at all?

That evidence is pivotal.

How many points was she awarded, and (if it's not too personal) what for?

she has a doctors letter, the one they have too


she was awarded 3 points

Good. Let me do some legal digging.

Just to make it clear, has her GP categorically stated that she has no control over her bladder at all?

thanks and like i said im sorry for my arseyness earlier but u can understand just how frustrated we are about this, but it seems like wherever we turn and every avenue we go thru seems to be a dead end, there is so much bureaucracy, and legal loopholes for them!!

She ready for giving upon this now and its not fair she just CANT work!

hang on i will phone her,,, wait for my reply

rite im on the phone with her,,, Yes her doctor said no bladder control at all the decision maker has seen this letter when it was asked to b looked at again and she has a copy, the decision was NOT overturned hence now going to tribunal

OK. I'd ask for a written reason why the decision was upheld, despite the further evidence from the GP. You can do that within a month of the decision being made.

It will give a representative a much clearer picture. Equally, if the evidence was ignored when the second decision was made, it would be possible to say that the decisions were made from 'accidental error' and/or 'in ignorance of a material fact'.

I'd perhaps get another very clear letter from the GP, or even better, from a hospital specialist (even if the other one was very clear) saying that there is no bladder control.

As there is further evidence, a decision maker can then look at this before a tribunal date, and possibly revise the decision. Decision makers have to use 'the most reliable available' evidence.

An advice centre can do all this for her, and I'd still put in an application for DLA too. They can help with that too.

As for arseyness, don't worry about it! I've got very broad shoulders!

ok and thankyou,,, just been on the phone with her again about this,,, u have given her some good advice thanks xxx