Incapacity appeal and ESA

Hi

I failed my Incapacity Benefit medical. Benefit was stopped. I have appealed. This happened 2 years ago and my benefit was reinstated. But last time I was put on income supprt while I waited for my tribunal date. This time I have to claim ESA. Is that right? Also is it likely I will be denied ESA eventhough I am currently waiting an appeal outcome? I have an appontment at my GP tomorrow. I'm not sure what help I can ask for from him. I know I need a medical crtificate.

Sorry lots of questions.

rockstedyuk wrote:

Hi

I failed my Incapacity Benefit medical. Benefit was stopped. I have appealed. This happened 2 years ago and my benefit was reinstated. But last time I was put on income supprt while I waited for my tribunal date. This time I have to claim ESA. Is that right? Also is it likely I will be denied ESA eventhough I am currently waiting an appeal outcome? I have an appontment at my GP tomorrow. I'm not sure what help I can ask for from him. I know I need a medical crtificate.

Sorry lots of questions.

According to DWP Memo DMG 12/09, a claimant in your position can claim either reduced rate IS or ESA.

On the face of it, although you will be paid at a lesser rate than ESA, it may be beneficial to claim IS, otherwise you will be subject to the ESA regime and all that it entails. It may be further complicated if you subsequently have to also appeal the ESA decision.

I tried to get an IS claims form but was told to claim ESA. Apparently I can no longer claim IS. Does that sound correct? I would rather go down that road.

rockstedyuk wrote:

I tried to get an IS claims form but was told to claim ESA. Apparently I can no longer claim IS. Does that sound correct? I would rather go down that road.

You may wish to refer to the following factsheet dated April 2010 produced by Disability Alliance entitled Income Support.

It clearly stsates in section 2, bullet point 2, that you can still claim IS if you meet the conditions of entitlement.

Hi,

Just to support what CD has said. Through ignorance or design, some DWP staff seem to be trying to push people onto ESA prematurely.
If you meet the qualifying criteria for IS you can still claim it whilst appealing an IB decision.

It might be worth putting your request in writing and making a formal complaint as well as contacting your MPs office.

Good luck,

Steve

Thanks for your help. I thought it was strange that they sent me the ESA forms. I have printed the IS claim form online. Im gonna fill it out and take it to the Job Centre Plus office tomorrow.