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failed incapacity appeal

  • sue forrester
  • Topic Author
13 years 8 months ago #23153 by sue forrester
failed incapacity appeal was created by sue forrester
Hiya all, received letter today saying i failed my appeal yeaterday ,what happens to me now. do they make me go on JSA or what??

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13 years 8 months ago #23163 by Crazydiamond
Replied by Crazydiamond on topic Re:failed incapacity appeal
sue forrester wrote:

Hiya all, received letter today saying i failed my appeal yeaterday ,what happens to me now. do they make me go on JSA or what??


If you still feel that you are unfit for work, you may be able to claim ESA.

If you have a new medical condition and/or your original medical condition has deteriorated, you can claim ESA immediately. If however, less than 26 weeks have elapsed since the decision by the DWP to terminate the IB award, you may have to wait until you can claim ESA.

If you are dissatisfied with the appeal tribunal's decision, you could consider an appeal to the Upper Tribunal but only on a point of law. If so, you will need to ask for a full statement of reasons for the tribunal's decision within one month.

If you believe you are fit for work you can apply for JSA.

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

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  • sue forrester
  • Topic Author
13 years 8 months ago #23166 by sue forrester
Replied by sue forrester on topic Re:failed incapacity appeal
morning all, i have a list of medical ailments noted on my decision notice which any fool would know i am not fit to work.Will they stop my discounted income support immediately and housing benefit.I am off to cab in a moment as i cant deal with this right now. My sympathies to anyone else in this situ.I cannot beleive how bad i know feel.!!

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13 years 8 months ago #23169 by lynsteg
Replied by lynsteg on topic Re: failed incapacity appeal
i cant go into it in detail but ive heard of the linkage rule were if its less than 26 weeks you can reapply for incapacity benefit if your condition has deteriorated,but dont quote me on it.steve

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  • tb1uk
13 years 8 months ago #23175 by tb1uk
Replied by tb1uk on topic Re:failed incapacity appeal
get onto welfare rights and ask them to ask the tibunal to set aside the failed appeal. they will help you do that for you. then re-appeal

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