Incapacity Benefit Appeal

[consumerupset]

I have recently appeal IB can you give me some tips? And where can find a representative if go to hearing in person?

 

Thanks

[consumerupset]

Any tips when appeal IB?

[ErikaPNP]

You can find a representative by asking for the "Welfare Rights" office at your local council. This is a free service.

 

What would assist you would be letters of support from your medical professionals stating your condition, how it affects you and how they feel that you would be unable to work with your condition.

 

It would also depend what you are appealing against. If it is the medical report and you feel that the findings are incorrect, you should explain what you feel the report should have said. It's also an idea to get your medical professional(s) to have a look at the report, so that they can point out any contradictions in their support letters.

[RaeUK]

Hi Consumer, as Erika says it would - in part at least - depend on what grounds you are appealing. Any other details?

I'm appealing against ESA (The new improved IB!) on medical grounds. I have copd (The new improved emphysema!). Whilst my appeal is unlikely to be heard before 03/10, I have my GP geared to write a supporting medical report. I have also arranged another spirometry test. This is the only way (as far as I know) of proving the severity of my pulmonary disease. My current results place me in the 'severe' bracket, I don't expect any improvement!

Rae.

[consumerupset]

Thank you Kelcou and Erika PNP for you help:D

I will be in touch soon

 

Regards

 

Alf

[consumerupset]

INFORMATION TO ALL APPEAL IB

 

Even if you don’t score enough points under the personal capability assessment – the medical test to decide if you’re incapable of work – you may still have a chance of being found incapable of work either at claim or appeal stage. This is because of the little known ‘exceptional circumstances’ rules.

 

There are a number of these, but probably the most important is regulation 27(b), which states that you will be found incapable of work if:

 

‘there would be a substantial risk to the mental or physical health of any person if he were found capable of work’’

 

This regulation could apply to you on physical health or on mental health grounds.

 

For example, if you experience severe anxiety attacks and might harm yourself or somebody else if placed in a situation you find threatening, then this might be grounds for applying regulation 27(b).

 

Or you may have a lung condition which is made much worse by stress and, in the past, such situations have led to a serious deterioration in your health and perhaps hospitalisation. If you would find being found capable of work, having to sign on for Jobseekers Allowance and take part in training or work experience very stressful, then that may be grounds for declaring you incapable of work under the exceptional circumstances regulations.

 

However, neither doctors nor decision makers are quick to identify people who might be covered by these clauses. And very few claimants even know they exist.

 

So make sure you’re properly informed about all the regulations that might apply to you by using our detailed, downloadable guides to the personal capability assessment on physical and mental health grounds.

 

That way, you’ll have the opportunity to give evidence about them in your questionnaire, at your medical and, if necessary, at your appeal.

 

Tomorrow: It’s all about the evidence.

 

Good luck,