Incapacity Benefit Tribunal

malover wrote: My IB tribunal was halted and the judge and doctor asked for to see my medical records this was back 20th Sept 2013 i have full DLA open ended since 2000 effectively my Incapacity Benefit funs out on the 16th Jan 2014,no sign of a one hour slot which is what they are waiting for sadly my previous doctor who retired in 2012 didnt go through my notes and and sort out a referral to our local Hospital,it wasnt even recorded that we discussed it.Am sick with worry,i do have a representative from WNidis who represents disabled people any help would be very much appreciated
Thanks
Malover

Can I just question whether this is an IB appeal or an appeal for ESA?

You say your IB runs out on the 16th, if you are still on IB then it will continue in payment after then and until a new Decision is made. If it is ESA, then it will continue in payment unless you are currently in the WRAG and only in receipt on Contribution Based ESA, this being the case, you may be eligible for Income Related ESA this will depend on your household income, assets and savings and any hours that a partner works.

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

The DWP should contact you about this but I would not rely on them to do so and would contact them immediately to arrange for an ESA3 to be sent to you so you can apply for ESA(IR), there is no requirement for a new assessment to be done for this to happen.

With regard your appeal.

We have both IB and ESA guides in the Members area which can help you with the Appeal process, you should also have a look at the following

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

If you have more questions or can clarify the benefit being appealed the please reply to this post and we will do our best to help.

Gordon