Personal Capability Assessment

This morning I received the outcome and I only scored 5 points:(
I now loss my Incapability benefit that I have been on for over 12 years

Have a chronic health condition and mental health issues

Have seeked legal help today as well as sending back my appeal

How could I fail the assessment when I had letters with me as well as support?

This has really stressed me up and I am no sooner knowing what is going to happen to the money that I will not be getting now,Why I am in wait for the appeal to happen

They are getting very hard and unfair for the ones who are in need of the benefits

I filled out the IB50 last Febuary 2009

Attended the medical on the 18th December 2009,

My doctor also filled me out a sick note till July 2010

Thought that the sick note would of still given me some benefit?

The legal team did tell me to contact income support to ask them to raise my income support till the appeal was through

This is not a good way to start a new year and I am worried about my bills and not having any money, not helping my mental health:(

Hi there
I can sympathise as something similar has happened to me. When my IB was cancelled I applied for and got ESA. Although it is less money, it obviously helps. I would suggest you apply for ESA immediately if you have not already done so, to see if you are eligible.
Best wishes
Wendy

Hi Wendy

Have been advised not to go down that route, very long, paper filling, interviews etc

Was advised on asking them tp up my income support

Hi, when I was kicked off IB I didn't know about ESA and tried to sign on. This was too distressing and the folks at the Jobcentre suggested ESA but thought you could not appeal against IB decission. They then rang to say that I could appeal. This I have done. Apart from filling in the form and sending in sicknotes i was left alone for over 13 weeks. I have since had 1/2 of the medical review, passed it and been put on the group which has to attend 6 interviews with DWP disability advisers. The other 1/2 of the review is regarding my abilities ready for my meeting at the Jobcentre, (I've already had this interview).
Personally I'm wondering how the ESA decision will impact on the IB appeal which should be before May 8 months since the decision that I was fit for work.
Do reconsider applying for ESA it will give you more that IS.

Hi Susie
I too am wondering how the ESA decision will impact on the IB appeal, if it does at all? I have an ESA medical coming up next month but absolutely no timescale for my appeal hearing as yet. If I am placed in the Support Group would this have any bearing on the Tribunal Hearing? I wonder if anyone could comment on this.
Thanks
Wendy

Hi,

If your IB appeal is successful and you are currently receiving ESA then you would be placed on IB from the date it was refused and your ESA award would end.

Any money you had received via ESA would be offset against any IB you should have received. If the amount of IB you were owed was greater than the amount of ESA you had been paid you would be paid the difference.

Your award would then continue as a normal IB award and be reviewed at some point in the future.

Hope that's sort of clear.

The ESA result would not, in itself, have any Bearing on your IB appeal. But, if your condition has remained the same since your IB refusal you could provide the ESA medical report to the tribunal as additional evidence if you were sure it supported the case you were making.

Good luck,

Steve