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TOPIC: incapacity benefit appeal upheld at hearing today

incapacity benefit appeal upheld at hearing today 4 years 7 months ago #14549

I had my appeal against Incapacity Benefit being stopped last february 2009 and having to claim EAS till now.My hearing was today and the panel upheld the appeal and gave me the required points to stay on incapacity benefit.
What happens now?I have a new EAS form to be completed by the end of january ,do I still have to do it?or is it wirth sending in copy of decision?
Also do I get arrears from febrauary when money was reduced until ESA was increased.I am 50 in may so what happens now.thank you for your help we did appeal without representation only my husband and I attended :P ;)
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Re:incapacity benefit appeal upheld at hearing today 4 years 7 months ago #14555

hi,

Congratulations on winning your appeal.

You should now be awarded incapacity benefit back to the date of the decision. If your ESA was less than your incapacity benefit any arrears you are owed should be paid to you by the DWP.

It would definitely be worth contacting the office which sent you an ESA 50 form to complete and telling them about the tribunal decision and yes, by all means, send them a copy of the decision notice.

You should remain on incapacity benefit until your next review date, when it is likely that you will be migrated to ESA in any case.

Good luck

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:incapacity benefit appeal upheld at hearing today 4 years 7 months ago #14580

Congratulations. A friend of mine is waiting to go to Appeal against her Inacp being stopped in September after PCA. It's really worrying her and she is thinking of giving up as it's making her condition(CFS/ME) worsen by the day! I,m sure this will boost her confidence and spur her on. I will be sending her your success story now!
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