What's Your Problem ?
 
I'm awaiting a hip replacement operation and experience chronic severe pain. I have been on incapacity benefit for eighteen months and my doctor has advised me that I cannot return to work until I've recovered from surgery. Yet the doctor who did a recent medical when my benefit was being reviewed disagreed and passed me fit for work. I'm now under pressure to get work, uncertain about my income and feeling very fearful for the future. My GP's horrified, but I seem to be in a difficult situation. What can I do?
You should consider appealing against the decision. Unfortunately it's not uncommon for doctors conducting medical assessments in connection with disability benefits to make mistakes in their judgement about whether people are fit for work. There are many incorrect initial decisions and a correspondingly high rate of successful appeals. Last year over 40 per cent of those who appealed against refusal of incapacity benefit got the decision overturned. More than half of those who appealed when their claim for disability living allowance was rejected were successful in getting the decision reversed.

Unfortunately many people are put off appealing because the process seems too daunting and long drawn out, and in the meantime they may have to live on a greatly reduced income. Don't be deterred: the success rates speak for themselves and with the right support you will find the whole process less stressful than if you try to deal with it all alone. To get advice on how to appeal, help with preparing your case, and possibly representation at the appeal hearing, contact your local Citizens Advice Bureau. Contact them as soon as possible because you often only have a set time period in which you can appeal

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