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TOPIC: Incapacity Appeal

Incapacity Appeal 8 years 11 months ago #36249

  • angelawallace
I am due to attend an Incapacity appeal on Friday, but I have been told that if I am succesful in having the original scoring overturned I have to be transferred to ESA as there is no Incapactiy Benfit now. This info is from a Welfare Rights department, and am unsure if he is correct or not.

I am a new member so excuse me if I have not correctly posted this :angry:

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Re: Incapacity Appeal 8 years 11 months ago #36257

  • Survivor
I assume you were on IB before and failed a medical, otherwise you would already have been on ESA. If you live in Aberdeen or Burnley, you will be transferred to ESA, if you live elsewhere and you win your appeal, you should get your IB back. Sometime in the next three years, you will find yourself in the process of being transferred from IB to ESA. The DWP is still being fairly vague about who will be transferred when, but it appears that most people will be transferred at the normal review date for their IB, which will vary from person to person.

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Re:Incapacity Appeal 8 years 11 months ago #36259

The information you have received from the welfare rights office is incorrect.

If you win your IB appeal you will continue to receive your IB entitlement, until such time as you are migrated to ESA. This will commence in April 2011 unless you live in Burnley or Aberdeen, where the migration process has already commenced.

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

Re: Incapacity Appeal 8 years 11 months ago #36301

  • angelawallace
Thank you for your reply and I am pleased that I should still be able to claim IB if I win the appeal. I was sure the Welfare Rights was wrong but didnt know who to contact about getting the right info.

Thanks again

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Re: Incapacity Appeal 8 years 11 months ago #37045

  • angelawallace
:lol: Just updating you about the appeal process I went through to claim my Incapacity benefit back after waiting over a year for it to be held. Well I won!!! and was awarded another 14 points. It was a daunting experience but I want to say thankyou for all the information I gathered on your website, it gave me a real insite and was aware what they might ask me and was ready with the answer. I am only sorry I didnt join earlier and saw the questions for my medical before I actually went there, I think I could have avoided this tribunal. Once again thanks, and you were correct that I will be migrated on to ESA sometime next year this was actually mentioned at the tribunal, and it is being done by surname so I have a little time to wait.

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Re: Incapacity Appeal 8 years 11 months ago #37047

Hi angelwallace

Congratulations on winning your appeal, and thanks for letting us know.

I don't think however, that it is correct that the migration process is being done by surname, but it is based on your review date. Is this what the tribunal said?

Derek

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