You can no longer make a new claim or a linked claim for incapacity benefit or income support as incapable of work. Most people now have to claim employment and support allowance (ESA) or universal credit instead.
You can find out a lot more about making an effective ESA or UC claim here.
BENEFITS AND WORK RESOURCES
Incapacity for work guides
- The Best Possible Incapacity for Work Claims on Mental Health Grounds (43 page A4 guide)
- The Best Possible Incapacity for Work Claims on Physical Health Grounds (46 page A4 guide)
- Exempt but sent a questionnaire? (7 page A4 guide)
- 60 questions you’re likely to be asked at your incapacity medical (3 page A4 guide)
- The Best Possible Incapacity for Work Appeals (25 page A4 guide)
Our step-by-step guides tell you:
- how to show whether you should be exempt from the Personal Capability Assessment
- how to complete the questionnaire
- how to assess yourself for points under the physical and mental health tests
- how to show whether you should be covered by the exceptional circumstances safety net
- what happens at the medical, including the types of questions asked and the kinds of assumptions made
- how to gather supporting evidence
The guide to 60 question you're likely to be asked at your incapacity medical is a valuable aid to preparing for an incapacity medical. In addition, Exempt but sent a questionnaire? explains the three reasons why this might have happened and what you can do about it.
Our appeals guide tells you:
- how to choose between a revision or an appeal
- how to complete an appeal form
- how to fill in the enquiry form
- what happens at an appeal
Use the appeals guide in conjunction with the incapacity for work guides to provide detailed, accurate and compelling evidence to tribunals.
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Incapacity for Work Briefs
A selection of letters you may find useful in the course of an appeal.
- Letter to be handed in by claimant at the end of personal capability medical assessment, requesting a copy of the report.
- Letter from claimant to appeal panel where no response is received
- Letter to decision maker requesting reconsideration because of additional evidence, incapacity for work
- Letter from claimant found incapable of work in the past asking if the report had been altered
- Letter to decision maker by claimant prior to appeal asking if the report has been altered
- Letter from claimant to tribunal chair requesting disclosure of LiMA software
- Letter from claimant requesting copies of documents considered by the decision maker
DWP Resource list
Some of the many resources we've obtained from the DWP using the Freedom of Information Act.
Incapacity Benefit Handbook (139 pages A5, Downloadable as a single .pdf file)
Very detailed (and seldom fully followed) guidance for Medical Services doctors carrying out the personal capability assessment, used to decide if a claimant is capable of work.
JobCentre Plus Managers updates
Confidential monthly updates sent out to all Jobcentre Plus managers.
Common diseases (62 pages A4, Downloadable as a single .pdf file).
This is guidance given to decision makers on precisely what action to take take when an individual becomes incapable of work, depending on which condition is given on the Med3 sick note.
