Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder jigsawpieces Novitiate

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    Default Incapacity Benefit appeal pending but no payments while waiting?

    Thanks for looking at this as so frustrating. Basically on incapacity benefit but after another medical been told that i dont have enought points. I have appealed and have been awaiting for a tribunal date. This has been going on for over six months. What happened that shocked me was that they did not reduce the level of payment they just stopped paying all together. As i assumed the tribunal would not take long although worried i was able to live of the back payment which was a large sum after winning a previous tribunal. (I have won two tribunals) However now that money is gone and i have relied on friends and family to help me with food and bills. I have not wanted to sign on at the jobcentre but now looks i will be forced too although not sure how this will affect my appeal. All the stress has exsparated my condition and have spent nearly every day and sleepless nights worrying about. Is it legal for them to cut all payment to me while waiting for an appeal? Is there anyway i can fight for them to pay me the reduced rate until appeal decision? This is my last chance as in my area it is impossible to get any advice from CAB as they are closed you have to wait months for an appointment.If anyone has been in the same position and have any helpful advice it would be most appreciated. It looks like i will have to attend my tribunal alone with no professional help which is intimidating enough. In the intervening months twice they have said we will look at your case again and then said you will still have to appeal as we agree with the decision. Thanks for reading.


  2. #2
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    Default Re: Incapacity Benefit appeal pending but no payments while waiting?

    Hi Jigsawpieces

    Sorry to hear of your struggle
    are you a single person

    If so you can claim Income Support while your appeal is being heard,
    JSA but of course as you are appealing you are not really fit for work,
    or ESA
    you do not have to go with out benefit.

    If you have a partner does she work ?


  3. #3
    Basic Account Holder jigsawpieces Novitiate

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    Default Re: Incapacity Benefit appeal pending but no payments while waiting?

    Thanks for replying. I am single and live alone. I wonder if i can backdate the payment til the time they stopped paying me as i have been using the money i had saved knowing that i would be put through this stress over again. Certainly learn how to be frugal with everything although i'm months behind on some of my bills. I suppose i have been put off with all that bureacracy of going to the social who ask questions i cannot answer as they wont really be resolved until the appeal has gone ahead. Ive had six letters off the housing since december. They are still paying but keep asking me what is happening as if i am in charge of the slow response from the social security department. They have squeezed the last drop of patience out of me. I darent go down there in person to speak to anyone as i think i will really lose my rag. ( I know not a good idea) I have sent them infomation and got reciepts and then two weeks later they ask for the information again.


  4. #4
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    Default Re: Incapacity Benefit appeal pending but no payments while waiting?

    You need to apply for one of the benefits as soon as possible.
    JSA i know you cant get backdated, I.S you can.
    With Income Support you will be paid at what they call appeal rate rate, at the moment its 51.45. If you make a claim to I.S then ask for backdating to the day after you failed your PCA.

    Few questions
    Do you have DLA? .
    Do you have a pension ?
    Do you have saving over 16K?
    all three could effect your claim

    You Can claim ESA and ask for back dating up to three months, but you would need a backdated medical certificate off your doctor to cover this period

    Jobcentre Plus - Making a new or repeat claim


    If you get awarded any of these then you should get housing benefit.
    If you win your appeal you can go back on I.B
    appeals can take months longest I Have seen is eighteen months but I dont think that is a record


  5. #5
    Basic Account Holder chipsnmayo Novitiate chipsnmayo's Avatar

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    Default Re: Incapacity Benefit appeal pending but no payments while waiting?

    You can claim IS appeal rate or ESA, IS is easier and you would get your money faster. ESA is paid at a rate of 64.30 for a single person so it's really up to you to decide which route is best for you.


  6. #6
    Basic Account Holder jigsawpieces Novitiate

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    Default Re: Incapacity Benefit appeal pending but no payments while waiting?

    Thanks no i dont have any of the three listed. No savings the only money i had was the back pay from winning last appeal. I will try income support as i have no choice. I am still recieving Housing Benefit as it seems they cant cut me completely. Will that affect the forms i need to fill in? Thanks for being helpful i wont be able to get the other ESA as my doctor and i dont see eye to eye at all and ive been looking for a new surgery as he told me if i dont like it i can go elsewhere.


  7. #7
    Basic Account Holder jigsawpieces Novitiate

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    Default Re: Incapacity Benefit appeal pending but no payments while waiting?

    thanks chipsnmayo thank goodness for this forum.


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    Default Re: Incapacity Benefit appeal pending but no payments while waiting?

    Jigsawpiecies
    now you have decided
    dont forget when you ring the helpline ask for backdating,
    what date did you fail your PCA?
    well you need to ask for backdating to the day after,
    if you dont ask your claim will go from the day you phone up, and you will have to put the request in writing at a later date,


  9. #9
    Basic Account Holder Nick Novitiate Nick's Avatar

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    Default Re: Incapacity Benefit appeal pending but no payments while waiting?

    Quote Originally Posted by MIKEY DABODEE View Post
    You need to apply for one of the benefits as soon as possible.
    JSA i know you cant get backdated, I.S you can.
    With Income Support you will be paid at what they call appeal rate rate, at the moment its 51.45. If you make a claim to I.S then ask for backdating to the day after you failed your PCA.

    Few questions
    Do you have DLA? .
    Do you have a pension ?
    Do you have saving over 16K?
    all three could effect your claim

    You Can claim ESA and ask for back dating up to three months, but you would need a backdated medical certificate off your doctor to cover this period

    Jobcentre Plus - Making a new or repeat claim


    If you get awarded any of these then you should get housing benefit.
    If you win your appeal you can go back on I.B
    appeals can take months longest I Have seen is eighteen months but I dont think that is a record
    You can get JSA backdated but you would need a good reason on why you didn't contact the JCP sooner to make the claim. It would then go to a decision maker.


  10. #10
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    Default Re: Incapacity Benefit appeal pending but no payments while waiting?

    Quote Originally Posted by Nick View Post
    You can get JSA backdated but you would need a good reason on why you didn't contact the JCP sooner to make the claim. It would then go to a decision maker.
    thanks Nick for that


  11. #11
    Basic Account Holder adamrao Novitiate adamrao's Avatar

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    Default Re: Incapacity Benefit appeal pending but no payments while waiting?

    Quote Originally Posted by Nick View Post
    You can get JSA backdated but you would need a good reason on why you didn't contact the JCP sooner to make the claim. It would then go to a decision maker.

    You are very much right Nick. Backdating of JSA is possible for 3 months but only in exceptional circumstances. Jigsaw you can either go for appeal rate IS or make a new claim for ESA (depends if you have sick note).

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  12. #12
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    Default Re: Incapacity Benefit appeal pending but no payments while waiting?

    Think he is going for I.S appeal as he cant get a sicknote
    least he will have some benefit


  13. #13
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    Default Re: Incapacity Benefit appeal pending but no payments while waiting?

    Well problem with GP then jigsaw can try seeing other GP in the surgery or speak to PALS.

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  14. #14
    Basic Account Holder jigsawpieces Novitiate

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    Default Re: Incapacity Benefit appeal pending but no payments while waiting?

    Thanks everybody. Went down there today after recieving another letter from Housing Office. Sorted them out and was able to pick up an income support form which is the route i will take and try to get money backdated. I know that it will take them weeks to sort out but its better than being in limbo struggling to put money in the electric meter.

    I will be looking for new doctor/practice but will do one thing at a time. It does actually take a long time to find.

    Thanks for the help i will let you know how it progresses. I used my friends computer and have bookmarked this website on her computer as she is having lots of hassle too after recovering from hospital surgery. Im sure that she will get good advice on here.



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