If you need urgent support, call 999 or go to your nearest A&E. To contact our Crisis Messenger (open 24/7) text THEMIX to 85258.
Read the community guidelines before posting ✨
Options
Personal Capability Assessment (Incapacity Benefit)
Former Member
Posts: 1,876,323 The Mix Honorary Guru
I got a letter this morning asking me to fill the form in, got a med 4 from the doctor and send it all off by January 31st.
I have a few problems:
- Hardly any of the stuff applies to me. This will mean that I'll fail the assessment and be forced to either work (which currently is physically impossible) or I'll have no money.
- One of the questions asks about sitting. The problem I have with that, is that it will always vary with me on how long I can sit comfortably for. What box should I tick? Sometimes (like today) I've not been able to sit for more than half an hour before having to move around (because my neck is very sore) but other days, I can sit comfortably for at least one hour.
- I need to send in a form called Med 4 which I can get from my doctor. Because of what the condition is, the fact that there's no cure (physio & surgery are the only options; but they don't 'cure' the illness) and there's very little anyone in the medical field can do about it, there's very little that the doctor can write about me. Also, I was pretty much discharged (probably the wrong word) from the eye infirmary about 10 years ago, because there's nothing they can do and was basically left to get on with my life the best I could. I've only ever been to see the doctor once about this and that was only because my condition means that, after years of tilting my head, I have neck pain and all that they did was refer me to physio.
I have a few problems:
- Hardly any of the stuff applies to me. This will mean that I'll fail the assessment and be forced to either work (which currently is physically impossible) or I'll have no money.
- One of the questions asks about sitting. The problem I have with that, is that it will always vary with me on how long I can sit comfortably for. What box should I tick? Sometimes (like today) I've not been able to sit for more than half an hour before having to move around (because my neck is very sore) but other days, I can sit comfortably for at least one hour.
- I need to send in a form called Med 4 which I can get from my doctor. Because of what the condition is, the fact that there's no cure (physio & surgery are the only options; but they don't 'cure' the illness) and there's very little anyone in the medical field can do about it, there's very little that the doctor can write about me. Also, I was pretty much discharged (probably the wrong word) from the eye infirmary about 10 years ago, because there's nothing they can do and was basically left to get on with my life the best I could. I've only ever been to see the doctor once about this and that was only because my condition means that, after years of tilting my head, I have neck pain and all that they did was refer me to physio.
0
Comments
I have no problems with sitting
I cannot sit comfortably at all
I cannot sit comfortably for more than 10 minutes without having to move from the chair
I cannot sit comfortably for more than 30 minutes without having to move from the chair
I cannot sit comfortably for more than 1 hour without having to move from the chair
I cannot sit comfortably for more than 2 hours without having to move from the chair
I can only tick one statement.
it might be worth getting someone to help u fill it out, there are advocate people who work for charities and the like who should be able to help u get whatever benefits you are entitled too. sickness benefits are notoriopusly shitty to apply for. try askthesite to find out what charities are near you that could help, or maybe the cab, or even a social worker?
Most of the IB50 form won't apply to you, but it forms the first part of the personal capability assessment and you must fill it in to continue to receive incapacity benefit.
Don't worry about most of the IB50 not applying to you. It is perfectly possible to continue to receive incapacity benefit by fulfilling one or two descriptors.
If you suffer from mental health difficulties don't forget to mention them too.
If you are having problems filling in your form you can contact your local Citizen's Advice Bureau who will probably be able to help you fill it in. You can also find a local advice agency who may be able to help you at http://www.communitylegaladvice.org.uk
With the PCA the doctor will examine you at a medical examination, which normally takes about 15-20 minutes. Be prepared for a pretty useless doctor; many of my clients state that the doctors often have a poor grasp of English and don't listen to what you say. You need to score 15 points on the physical assessment, 10 points on the mental health assessment, or 15 points in total. The DWP decision maker will look at the medical report and decide how many points you score.
If you fail the PCA give community legal advice a ring on 0845 345 4345, as we can help you with the appeal process once it gets to tribunal. We can't fill in the appeal form for you, though.
If you fail the PCA it is important to get your appeal in as soon as possible. You do this on form GL24 and you must get it back to the DWP within one calendar month of the date of the letter telling you that you've failed. If you appeal you should be entitled to receive reduced-rate income support (it has 20% lopped off the usual rate) whilst your appeal is being heard but you will need to apply for that separately. You could also claim income-based JSA whilst your appeal is being heard.
Have managed to fill it. But for some of the things I've ticked the box which says I don't have a problem (as I can do everything mentioned) but have written some stuff in the spaces at the end of the questions.
If it gets stopped just make sure you get that GL24 appeal form filled in and sent back within the month. This will be important as February is a short month and March has the Easter weekend in it. Once the GL24 is in you can make a claim for reduced rate income support, or JSA (which doesn't have a reduction made).
:yes: definately photocopy everything where the DWP are concerned incase they lose it!
And send it recorded. Not that that counts for much with fucking Royal Mail, as we're finding out now.
You send some cds in the post?
Will do.
Rubberskin - thanks for attempting to hijack my thread!:p
I have a feeling this is what they've done with the forms for my DLA - well, the one that I didn't do loine. (which I sent off in October)
- I don't need help to avoid danger (I've lost count of the amount of times I've nearly been run over in the last year; and it's never been the fault of the driver)
- I don't need help with asking for or following directions (Despite the fact that I managed to get lost after being given directions on how to get somewhere in town)
- I don't need guidance or supervision when being in unfamiliar places (Which is a load of rubbish - the amount of times I've got whilst in unfamiliar places AFTER being given directions has been, well, high)
- I don't need help with preparing a main meal for one (No, of course I don't; that's why I can't cook pasta [which has to be done on the hob] or use the oven)
I did phone them up and they were useless.
You will need to appeal the decision. You have one month from the date of the letter to do this, on form GL24. You can get a copy of this form by calling the DWP benefit enquiry line on 0800 882200. When appealing you will need to provide evidence to show that you need the help you say you do. It doesn't need to be medical evidence- statements from your family, friends, a carer if you have one are all admissible.
The DWP will perform a 'revision' which means that a decision maker will look at your file again and decide that you don't fulfil the conditions for DLA. Your file will then be passed to the Tribunals Service and an independent tribunal will decide whether you need the help you say you do. The "cooking test" is hypothetical and is basically deciding if you have the physical and mental competency to prepare a hypothetical meal. It isn't about the fact that you can't cook pasta but you can cook bacon.
I've mentioned this about ten times now, and I know you still haven't rung them so I don't know why I'm mentioning it again, but ring Community Legal Advice on 0845 345 4345, who will be able to advise you on your problems. Alternatively contact your local Citizen's Advice Bureau.
I'm being serious, ring up and get some professional advice. I've said the same thing to you about ten times on here now and it doesn't seem to be sinking in. I'm getting more than a little bit frustrated now, to be quite honest. I've advised you on what you need to do, I'm doing this in my own time (I spend all day doing this at work too, don't forget) and it's a little bit rude to completely ignore what I say and ask the same question again.
Will I need to send off any information regarding my diagnosis or not? All I currently have is something to say that I'm partially sighted, but I know I can get something from the eye infirmary with the proper name of my diagnosis, which should explain how it affects me.
The GL24 form is fairly short, two sides of A4 really, and it has a big box asking for your reasons why you feel the decision is wrong. You should explain briefly in that box what your condition is and why you think it affects you like it does.
Don't wait for medical evidence before filling that form in, you can send the medical evidence on afterwards. If you do send medical evidence do not send originals.
DLA isn't awarded on conditions, its awarded on how it affects you. You need to focus on what you can and cannot do, not the names of the condiitons you suffer from. Medical evidence from a GP or consultant explaining what conditions you suffer from and how they affect you is very valuable, but people always forget to also get evidence from family and friends who know you too.
It's highly likely that you will need to go to the Tribunal to get the DLA that you think you are entitled to. The CAB can sometimes represent you at the tribunal, and my organisation can prepare a written statement of your legal case and send it to the tribunal before the date.
If it goes to tribunal you'll be asked whether you want an oral hearing or not. You do want an oral hearing, it improves your chances of success by a third.
I'm not having a go at you, but I think you're dawdling and you cannot afford to. If you can't be bothered challenging it then fine, but whingeing about it on here and ignoring the advice won't get you your DLA.
I know. I was talking to some people who are partially sighted and they've said that it is impossible to get it.
If you're scared of making the call get someone to talk on your behalf. It's perfectly fine.
I work as a benefits adviser but I don't want to give too much advice over a message board because meanings can get lost. Speak to a real person and things are better. The forms and the process is intimidating but it doesn't need to be, we've all done this kind of thing for ages and we know what we're doing.
People have given you the same advice over and over. The advice is excellent and as they've said, you don't seem to be following it. Why don't you have the time? You don't work... do you have children to look after? Surely the time you spend on these boards could be spent on the phone to a Legal Advice line?
You don't have the time to dawdle and procrastinate, you have to get that appeal form in within the month otherwise your appeal will NOT be allowed.
The form is very very easy to fill in, and once its in the CAB or CLA can help you with the appeal process.
But surely this is the most important thing to focus on right now? It certainly seems to be the most pressing. Get in touch with the CLA / CBA and get the advice that is there. The dawdling and procrastination almost gives the impression that you aren't really fussed about it ...
Put it this way, if it was me in your position, I would be on the phone at 9am on Monday morning, already searching out and listing who I need to contact and when the soonest time available to do this was.
To be fair, just because they've judged that you're not incapable of working doesn't mean they're saying there's nothing wrong with you. Millions of people have illnesses, problems and disabilities, but are still able to work (even if it's only in a particular role), and thus are not eligible for incapacity benefit.
You can't just show them that you have such and such a disability, you have to also show how this means you are incapable of doing any job.
Nowhere in the DLA literature does it say 'if you have a disability, you WILL get DLA'. It says you 'may' be eligible.
There's a big difference between them saying you are not entitled to it, and them saying there is nothing wrong with you. If you feel they are wrong, you have been advised what to do.