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Industrial Injuries Disablement Benefit

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7 years 11 months ago #158310 by Merrygirl
Industrial Injuries Disablement Benefit was created by Merrygirl
Hi just wondering if anyone can help, a friend of mine has had his contribution-based Employment and Support Allowance stopped just over a week ago, he has put in a new claim for his diabetes 2 and copd which is not to bad at the moment. but today he had in post a form to fill in for Industrial Injuries Disablement Benefit, which he never got the two health issues from work.
It was while he was in hospital as he was bringing up blood (due to an ulcer) he was told also by doctor that he was fit for work.
He is now confused.

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7 years 11 months ago #158327 by slugsta
Replied by slugsta on topic Industrial Injuries Disablement Benefit
Hi Sam

Sam 1 wrote: He is now confused.


So am I!

ESA and IIDB are two totally different benefits with different qualifying criteria. Has your friend initiated a IIDB claim?

You say 'he never got the 2 health issues from work' - is there any suggestion that his COPD might have been triggered/worsened by any substances to which he has been exposed at work? All he can do is fill in the form honestly and accept that he might not be entitled to anything here.

While your friend was in hospital he should have been considered not fit for work, but that does not mean that he would be entitled to long-term ESA.

The first 2 steps would be

1) Request a Mandatory Reconsideration. This should be received by DWP within 1 month from the date on the decision letter.

2) Request a copy of the assessor's report so you can see what went wrong. This may not be back in time to use the information for the MR submission - in which case you should explain that you will send in more information when the report has arrived.

This is all explained in the ESA guide and the MR FAQs

ESA claims and appeals

ESA mandatory reconsiderations and appeals

He will not be paid ESA during this time. If he needs money to live on his only option will be to sign on for JSA. Once the claim has been accepted he can present a fit note lasting up to 12 weeks and he will be excused seeking work during this time. He must not present the fitnote before his claim is accepted as this would result in the claim being refused.

You might wish to bookmark/favourite this on your web browser now so that you can find it easily in future. That will allow you to return with further questions/comments without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in one place - and I hope you will find it useful too :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 11 months ago #158330 by Merrygirl
Replied by Merrygirl on topic Industrial Injuries Disablement Benefit
He has been off work for a year, he was the driver for a waste collecting company, but had an accident at work where he broke his wrist, he has had asthma for years, but it was only within the last month that he was told that he has copd, while he has been off work he has also developed cellulitis in one leg,
As far as i know he did not request forms for IIDB, and instead of putting for a Mandatory Reconsideration he had put new claim for ESA Friday just gone, for the other two health problems.

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