Would anybody advise against trying to claim DLA whilst waiting for an appeal date for an IB claim or is it ok to go ahead with it. I want to know if they would judge my claim against the failed medical for IB and would it be best to wait until after appeal?

Also if I did claim for DLA (would be my first claim) would it affect the amount of IB I got if I was put back on it?

Thanks

Hi Louise,

There is nothing to stop you from making a claim for DLA, despite the fact that you are awaiting an appeal for IB. As it's only around 6 weeks to the Christmas period, you can expect to wait longer for an appeal date than normal, as most tribunal members only work part time, and quite a lot take leave at holiday periods.

IB and DLA are totally different assessed benefits, IB is an income replacement benefit paid to people who cannot work due to ill health or disability. For DLA, it's possible to claim it even if working since DLA is paid to those with care and/or mobility needs due to illness or disability and is unrelated to IB.

I'd advise you to ring the Benefits Enquiry Line (BEL) free on 0800 882200 and ask for a claim pack. There are guides in the members area to completing the claim form HERE

However, as we can't give individual advice about claims, you may wish to seek advice from a benefits adviser at your local CAB or similar advice service. If they can't help then
try Community Legal Advice who can put you in touch with a local adviser in your area, who can access your case papers and give 'face to face' advice which we cannot do.

If you are awarded DLA, it will make no difference to any IB that you are paid if your appeal is successful since DLA is not a means-tested benefit. Also, if your IB appeal is successful, you will have it back dated to when it was stopped by the DWP.

Hope this is of some help.

Jim