Post by Patrick Torsney on Dec 22, 2010 12:30:05 GMT 1
Many clients are refused benefits but then win their case on appeal. The current rates are somewhere in the region of 80% of appeals being successful. Without the proper support and legal advice throughout this process, many of the people pursuing an appeal would no doubt lose. As well as the personal trauma and difficulties this will inevitably cause for the person appealing and their family, it also means that money that individuals are entitled to and which would otherwise come into the community is lost
If you are interested in how much income a Citizens Advice Bureau or Law Centre generates for clients in the community, then just ask one local to you. The figure is usually in the 100's of thousands each year for each agency
Here is Tina's story, please read on
Tina (not her real name) was referred for help with an Incapacity Benefit appeal - she had been refused benefit
On presenting for her first appointment she explained that she suffered from panic attacks, irritable bowel syndrome and ulcers of the perinea. She had been subjected to domestic violence from her family resulting in low self-esteem and her husband had recently left her
She was very distraught and cried uncontrollably throughout our first meeting. We talked through the benefit criteria for incapacity benefit and disability living allowance (DLA) in order to try to establish a relationship
At the time of meeting Tina in early 2009 PHQ91 and GAD72 scores were not being used
At our second meeting to discuss preparation for the Incapacity Benefit appeal tribunal she again showed surges of panic and sobbing, but this time I was able to talk to her about learning to cope with these attacks and explain that panic is an entirely natural bodily reaction. We talked about lifestyle changes such as a regular programme of exercise or regular practice of deep relaxation using the Mental Health handbook recommended by John Moores University
I also gave her information on using positive statements to use during panic attacks eg ‘I can handle these symptoms’ and ‘this feeling isn’t comfortable, but I can accept it’
Next time we met was to discuss DLA and Tina presented the claim form. Talking the criteria through she acknowledged she was not eligible
We needed to attend the incapacity benefit appeal tribunal. Whilst awaiting the tribunal members' decision after the appeal hearing in a side room, Tina had a panic attack, hyperventilating badly. The court usher gave her a bag to breathe into whilst I tried to relaxed her with reminding her of controlled abdominal breathing techniques. She could not face the tribunal members to receive the decision. Fortunately, the decision was positive and she won her appeal
Tina is now doing her best to try to rebuild her life. She has begun volunteering at a local agency, where she is using her previous skills in customer service, as a receptionist
In total, this organisation received a fixed fee of £167 + VAT. This was for the work in preparing for the appeal tribunal only - they were unable to claim any additional costs for the representation, which the Government already refuses to fund. Of course, under the current legal aid reform proposals, ALL welfare benefits funding will be withdrawn. The question must be, what will happen to real people like Tina then?
1 PHQ9 is a Patient healthcare Questionnaire that the patient uses as a self assessment tool for mild to moderate mental illness
2 GAD7 is General anxiety disorder scoring system to assess the level of mild to moderate mental illness
If you are interested in how much income a Citizens Advice Bureau or Law Centre generates for clients in the community, then just ask one local to you. The figure is usually in the 100's of thousands each year for each agency
Here is Tina's story, please read on
Tina (not her real name) was referred for help with an Incapacity Benefit appeal - she had been refused benefit
On presenting for her first appointment she explained that she suffered from panic attacks, irritable bowel syndrome and ulcers of the perinea. She had been subjected to domestic violence from her family resulting in low self-esteem and her husband had recently left her
She was very distraught and cried uncontrollably throughout our first meeting. We talked through the benefit criteria for incapacity benefit and disability living allowance (DLA) in order to try to establish a relationship
At the time of meeting Tina in early 2009 PHQ91 and GAD72 scores were not being used
At our second meeting to discuss preparation for the Incapacity Benefit appeal tribunal she again showed surges of panic and sobbing, but this time I was able to talk to her about learning to cope with these attacks and explain that panic is an entirely natural bodily reaction. We talked about lifestyle changes such as a regular programme of exercise or regular practice of deep relaxation using the Mental Health handbook recommended by John Moores University
I also gave her information on using positive statements to use during panic attacks eg ‘I can handle these symptoms’ and ‘this feeling isn’t comfortable, but I can accept it’
Next time we met was to discuss DLA and Tina presented the claim form. Talking the criteria through she acknowledged she was not eligible
We needed to attend the incapacity benefit appeal tribunal. Whilst awaiting the tribunal members' decision after the appeal hearing in a side room, Tina had a panic attack, hyperventilating badly. The court usher gave her a bag to breathe into whilst I tried to relaxed her with reminding her of controlled abdominal breathing techniques. She could not face the tribunal members to receive the decision. Fortunately, the decision was positive and she won her appeal
Tina is now doing her best to try to rebuild her life. She has begun volunteering at a local agency, where she is using her previous skills in customer service, as a receptionist
In total, this organisation received a fixed fee of £167 + VAT. This was for the work in preparing for the appeal tribunal only - they were unable to claim any additional costs for the representation, which the Government already refuses to fund. Of course, under the current legal aid reform proposals, ALL welfare benefits funding will be withdrawn. The question must be, what will happen to real people like Tina then?
1 PHQ9 is a Patient healthcare Questionnaire that the patient uses as a self assessment tool for mild to moderate mental illness
2 GAD7 is General anxiety disorder scoring system to assess the level of mild to moderate mental illness