Successful incapacity benefit appeals
Please note: it is no longer possible to make a new claim or a linked claim for incapacity benefit or income support. A claim must be made for employment and support allowance (ESA) instead.
Although you may not think so, you have a good chance of winning your incapacity benefit appeal.
According to official statistics 50% of those who appeal against a decision that they are capable of work and attend an oral hearing win their case.
That goes up to a staggering 70% for those who are represented.
But, whether you're represented or not, you can ensure you make the best possible incapacity benefit appeal by becoming a Benefits and Work member.
Our incapacity benefit appeals guide will show you:
where to look for help with an incapacity benefit appeal;
how to lodge an appeal;
how to complete the enquiry form;
how to obtain supporting evidence;
how to challenge unfair medical reports;
how to travel to the hearing;
what happens at the incapacity benefit appeal tribunal hearing.
Download a sample page from our guide to Incapacity Benefit Appeals
The unashamedly pro-claimant guides are written by Steve Donnison, an experienced welfare rights worker, trainer and writer and Holiday Whitehead, a barrister. Both regularly provide legal training to professional staff across the UK and have written for a wide range of national disability organisations.
Find out more about how to improve your incapacity benefit appeal by becoming a Benefits and Work member.
Members of Benefits and Work can download all our incapacity benefits appeal resources.