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Incapacity benefit appeals cover:  The Best Possible Incapacity for Work 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 choose between a revision or an appeal;Incapacity benefit appeals Feedback: I have successfully appealed to get my incapacity benefit reinstated and am delighted to pass on the good news to you, having spent much time poring over the guidance on the benefits and work website.
  • 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.