ib info needed.

Well if the Decision Maker is satisfied before a PCA begins or at any stage, including at a medical examination the claimant would be instantly seen as unfit for work, no points needed within the PCA

Yes these matters in Reg 10 would make you exempt, but as you can see, the severe mental illness aspect requires a doctor approved by the sec of state to confirm. Note it says doctor, and so unless there is some other reg I havent seen, this would preclude a nurse HCP from providing this confirmation

XFACTOR wrote:

Well if the Decision Maker is satisfied before a PCA begins or at any stage, including at a medical examination the claimant would be instantly seen as unfit for work, no points needed within the PCA

Yes these matters in Reg 10 would make you exempt, but as you can see, the severe mental illness aspect requires a doctor approved by the sec of state to confirm. Note it says doctor, and so unless there is some other reg I havent seen, this would preclude a nurse HCP from providing this confirmation

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all very very helpful.

on a previuos occasion a med services doctor has confimred server mental illness, the last time this was confirmed was by the tribual nearly 3 years ago.

i will show my doctor the regulation and the "test" and see if in his opion my condition has not impooved and i still meet the reg 10 standard.

i will also be sticking to my guns with the dwp that i am still exepmt, as they have had no medical evidence to say i am not exempt and have never sent the ib113 to my doctor - they are sticking to there guns (via telehpne and not in writing as of yet) that i am subject to a pca because atso have decided i am no longer exepmt, i have had a dwp dm on the phone to me again saying that if i do not fill in the ib50 then atos can not decided if im still exepemt or not.

i belive this is totaly wrong and out of order, the dwp should be looking to see if im exempt or not before issueing any ib50 i will be of course be continuing with my complaint and will post them this on monday

Firstly, your own doctor cannot certify you under Reg10 but his opinion will help you decide if reg 10 is arguable

Secondly, them not having evidence you are not exempt is not the same thing as you being still exempt if you see what I mean.

Doctors and tribunals can put dates on exemption after which it can be reviewed. The IB113 is not obligatory for the DWP or ATOS to issue though it would be best rpactice in a case like this and a tribunal may
be unsympathetic especially if you ask for one to be sent to your GP and they refuse.

Please ensure you fight your corner in writing with the DWP. Do not rely on the telephone calls.

Polititely point out in your letter that (if so) your condition is unchanged and ask them to send IB113

Ask the DWP to inform Atos to revert to the original procedure, and to issue the IB113 before you complete the IB50. Be careful, because the DWP may say that if you fail to complete the IB50, they will automatically find you capable of work which they are entitled to do in accordance wirh the current regulations

If the DWP/Atos refuse to do so, ask them for a copy of the new procedural instructions which state that an IB50 should be issued before form IB113. At the same time ask your doctor to write to DWP/Atos if he believes that you should still be exempt from the PCA, because this evidence must be taken into consideration.

You may also wish to seek help from a CAB or a welfare rights office to help with your case. I fully sympathise with your circumstances as the DWP/Atos have obviously moved the goalposts, and you have certainly become an innocent victim of an unjust change in procedure.

just to clarify on my post, wherev I wrote a tribunal may be unsympathetic, I meant that they mat be if a IB113 was not sent out when you had requested it be done. I think my post read as though they would be unsympathetic to you which was not the intention

thank you all for your help i will of course keep you updated, i was following the instructions in steves "exempt but still sent a questionare"

where he belives "We believe that this is wrong. Where there is evidence in the form of a previous medical report, or a previous decision without a medical, that a claimant is exempt we consider that effectively ending that exemption without new evidence by sending the claimant an IB50 questionnaire to complete is unlawful."

the above makes perfect sense to me and that is one of my arguments why i should be still exempt, the dwp will be anserwing the template letter in his guide because im going to send something simlar with my complaint.

i could handle the complaint about maladminsitration regarding the wfi interviews, this is getting beyond me and i ill try to get help from cab, only trouble is they only open for few hours each day and im mostly in bed and find it hard to go outside, thats why i tried to take this on myself.

thank you all very much, im going for a rest now as im extremly tired out by all this.