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Personal Capability Assessment

  • PaulJames
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14 years 2 months ago #27441 by PaulJames
Replied by PaulJames on topic Re:Personal Capability Assessment
Had my Tribunal today for my incapacity benefit

Found out a few weeks back that my completed IB50 went missing :(

Also found out today at the tribunal, Some of the evidence that was photo copied from the medical has also gone missing :woohoo:

I walked out of the tribunal with 16 points :cheer: Passed

Was told today that the whole benefits system will be big changes in the future

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  • PaulJames
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14 years 2 months ago #27442 by PaulJames
Replied by PaulJames on topic Re:Personal Capability Assessment
Hope you did as well as me

I passed with 16 points :cheer:

At the medical they only gave me 5 points

Well worth it in the end

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14 years 2 months ago #27445 by Crazydiamond
Replied by Crazydiamond on topic Re:Personal Capability Assessment
Paul James wrote of ob274:

Hope you did as well as me

I passed with 16 points :cheer:

At the medical they only gave me 5 points

Well worth it in the end

RESPONSE:

ob274's wrote:

I attended my tribunal today and won I just wanted to post my good news to let others know that it is possible to get a positive outcome even when the stress makes you want to give up.

I had been on Incapacity for 7 years which was stopped last october after my medical, which only gave me 10 points (9 physical & 1 mental health). The medical itself only took 29 minutes and when I received a copy of the doctors report I felt like I had been totally ignored or misinterpreted by the doctor.

I had to wait 11 months for my tribunal and today has been an emotional rollercoaster to say the least. I have never been to anything like this before and only found out this morning that my Welfare Adviser could not attend with me so I was on my own.

The tribunal panel could not have been nicer and explained their independence from DWP, there were only 2 members on the panel, a solicitor and a doctor, and a clerk who was recording the proceedings. The solicitor explained the tribunal procedure and then I was questioned by and 'listened to' by the doctor. After only 5 minutes of questioning I was asked to leave the room for them to have a discussion. The clerk asked me back into the room another 5 minutes later and I was told that they didn't need to ask me anything else as they'd already awarded me enough points to have my incapacity benefit reinstated. I burst into tears as I'm sure many of you will know the stress involved in this whole process. They apologised to me for having to go through this and said my incapacity would get reinstated, and back-payments be made, as soon as the paperwork has been processed by DWP, but they couldn't say how long that would take. The panel also gave me a copy of their decision.

I only found this site 8 days before my tribunal and I'm so grateful that I did. After reading through the 'Incapacity for Work Appeals' and going through my papers I realised that the DWP had not included my PCA medical from 3 years previously. I found out that it had been archived and requested it be made available for the tribunal today as my condition remained unchanged from a positive outcome last time. They faxed a copy to the tribunal yesterday and I got a copy in the post this morning before leaving home! Along with a supporting letter from my GP, I'm sure the previous PCA report helped as it was compiled after a much more lengthy and thorough examination, and contained more in-depth information about me.

Sorry for the essay, just needed to get it off my chest, I'd like to say I feel alot happier now but I don't, I just feel vindicated.
Best wishes to all of you who are still going through the 'motions' and good luck for your tribunals.


See above. Second quote extracted from another thread.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • PaulJames
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14 years 1 month ago #27503 by PaulJames
Replied by PaulJames on topic Re:Personal Capability Assessment
Crazydiamond wrote:

Paul James wrote of ob274:

Hope you did as well as me

I passed with 16 points :cheer:

At the medical they only gave me 5 points

Well worth it in the end

RESPONSE:

ob274's wrote:

I attended my tribunal today and won I just wanted to post my good news to let others know that it is possible to get a positive outcome even when the stress makes you want to give up.

I had been on Incapacity for 7 years which was stopped last october after my medical, which only gave me 10 points (9 physical & 1 mental health). The medical itself only took 29 minutes and when I received a copy of the doctors report I felt like I had been totally ignored or misinterpreted by the doctor.

I had to wait 11 months for my tribunal and today has been an emotional rollercoaster to say the least. I have never been to anything like this before and only found out this morning that my Welfare Adviser could not attend with me so I was on my own.

The tribunal panel could not have been nicer and explained their independence from DWP, there were only 2 members on the panel, a solicitor and a doctor, and a clerk who was recording the proceedings. The solicitor explained the tribunal procedure and then I was questioned by and 'listened to' by the doctor. After only 5 minutes of questioning I was asked to leave the room for them to have a discussion. The clerk asked me back into the room another 5 minutes later and I was told that they didn't need to ask me anything else as they'd already awarded me enough points to have my incapacity benefit reinstated. I burst into tears as I'm sure many of you will know the stress involved in this whole process. They apologised to me for having to go through this and said my incapacity would get reinstated, and back-payments be made, as soon as the paperwork has been processed by DWP, but they couldn't say how long that would take. The panel also gave me a copy of their decision.

I only found this site 8 days before my tribunal and I'm so grateful that I did. After reading through the 'Incapacity for Work Appeals' and going through my papers I realised that the DWP had not included my PCA medical from 3 years previously. I found out that it had been archived and requested it be made available for the tribunal today as my condition remained unchanged from a positive outcome last time. They faxed a copy to the tribunal yesterday and I got a copy in the post this morning before leaving home! Along with a supporting letter from my GP, I'm sure the previous PCA report helped as it was compiled after a much more lengthy and thorough examination, and contained more in-depth information about me.

Sorry for the essay, just needed to get it off my chest, I'd like to say I feel alot happier now but I don't, I just feel vindicated.
Best wishes to all of you who are still going through the 'motions' and good luck for your tribunals.


See above. Second quote extracted from another thread.


Well done on your outcome

We be safe for at least another 12 months now

I have my DLA up for renewal in Febuary 2011

Am dreading that

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14 years 1 month ago #27508 by Suzy3
Replied by Suzy3 on topic Re:Personal Capability Assessment
Well done to Paul James and ob 274, on winning their tribunals this week :)
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