Won a Incapacity Benefit Tribunal

Just a note to say my wife won her Incapacity Benefit back at her tribunal a week last Monday. She lost it in November 2009 after we attended, what we thought was, a routine medical assessment, a title that we think is against the trade description act and very misleading. Taking all her medication etc. she attended the assessment as she has done countless times before, not realising it had nothing to do with medical and everything to do with physical, a point the doctor failed to tell her and repeatedly said in a very abrupt manner "I'm not interrested in your medical condition, I need to know what you can do".
My wife simply didn't realise what was needed and not being the strongest of people began to panic not knowing what to do or say and simply wanted to get out of the stressful situation.
So she ended up, like the old 11 plus used to be with no second chance, declared able to work.
However, when she declared her ailments on the phone to the job centre they refused to take her saying she needed to register for ESA and retake the same so called medical examination, which she flaterly refused to do and so she ended up with nothing.
After seeing this site I became angry at a system that to me seems to want to cheat people out of their benefit.
People need to realise this benefit is not a charity of some kind but money put aside and accounted for by the national insurance scheme and paid for by people like my wife through 40 years of work. Like any insurance there are times when you need to claim against it. If this insurance was voluntary instead of manditory who in their right mind would take out an insurance policy like National Insurance where the insurer consistantly change the rules to suit themselves throughout the its term and frequently refuse to pay out.

Anyway she won her case thanks to this site but mainly thanks to the Citizens Advice Burea, we couldn't have done it without them.

well done.

but, we shouldn't have to go through this. and, the gov wants to save tax payers money? they should start with medicals. i bet it costs the tax payer (and us in sweat and tears)more in proving the medical was incorect than they say they want to save in benefit payments.

please remember your last medical as you will no doubt have to go through it again

Hi Dislodged,

Congratulations to you and your wife on winning your appeal and thank you for letting us know.

It's good to hear you got such good support from your local CAB as well - as a former CAB welfare rights worker I still have great admiration for the individual bureaux, even if not for the parent organisation.

Steve