IB tribunal advice needed

I hope someone can help me,I was in receipt of IB because I suffer with severe lower back and leg pain due to a prolapsed disc,and after I went for an atos medical in January this year I scored '0' points and was informed a few weeks later that I would stop getting it immediately.
I sent in a GL24 and supporting evidence to the DWP to dispute the decision and asked for it to be referred for an appeal tribunal if the DWP wouldn't reverse it.

The decision wasn't changed by the DWP and the relevant documents were sent to the tribunal service that after nearly 6 months finally contacted me recently with a date for the tribunal which is to be next month.

During this very stressful time I had applied in Feb for ESA at the assessment rate, and after having to attend another medical in June the DWP informed me a few weeks ago that I had scored enough points and have now been placed in the
work related activity group, I think that without the superb advice on this website I probably would have failed this medical as well!

The dilemma I have now is that I am well aware within the next few months there is to be a migration of everyone from IB to ESA and that due to govt legislation all claimants will have to pass a much harsher and much more unfair assessment to get as many people on to JSA or back to work.
Because of this I'm not sure whether to still go ahead with the tribunal now that I am facing the harsh reality that even if I win the case and I am moved back onto IB, this would only be for a short time anyway before I would be back to square one and would have to face another stricter medical to qualify
for ESA again.I also don't have a representative that could attend the tribunal with me and this is influencing my thinking also.

Can someone advise me as to what they think the most sensible course of action should be as the last few months have been a very stressful period both emotionally and financially and I don't want to have to go through all of this
again so soon.
Thanks,
benson

Hi Benson

I'm in a similar position to you, appealing against an IB decision whilst claiming ESA WRAC. One thing you need to consider is the back payment you would receive if your appeal is allowed. You would receive all the IB you would have got minus the ESA assessment rate payments you received from February to June.

It does look like everybody who's not fit to work will end up on ESA but I don't think it is in the next few months unless you are in one of the pilot areas or have been given a date. The last I heard it is to be phased in nationally until 2014.

I don't know if current IB claimants are reassessed as frequently as ESA claimants are, but I believe Work Focused Interviews are easier for IB claimants as you are not obliged to carry out any action plan. I am not aware of any disadvantage of being put back on IB for a while longer.

Unfortunately it is quite difficult to get a representative for a hearing but you can try calling your local advice centre to ask if there are any representation services in the area. If you are unable to get a representative, I wouldn't let that put you off attending the hearing on your own if you choose to continue your appeal. Appeal hearings are informal, you will stand a much better chance if you attend and you can also take a friend with you for support.

Best of luck, whatever you choose to do.

Derek

Hi Derek,

Thanks very much for the reply.
I did think that the changeover for everyone from IB to ESA was early next year as I was going by one of the benefits and work emails I received last month explaining the changes by the coalition(inherited by new labour) to make the medical test for ESA much harder to pass and one of the paragraphs says:'Very few ESA claimants will be left unaffected by these changes which will come into force on 28 March 2011, in time to disqualify thousands more incapacity benefits claimants transferring to ESA'.

There are more details in the members news section under 'Even harsher new ESA medical approved'.

I have decided to go ahead with the tribunal now whatever the outcome as my sister has said she will attend with me for support and the atos medical report is so innacurate that it needs to be challenged.

Regards,
Benson

Hi Benson

I'm glad you have your sister to go with you to the tribunal.

The changes that the newsletter is referring to is the new ESA medical test rather than the IB to ESA migration.

The 14th June newsletter states

“The current plans are to begin the reassessment of cases receiving the old style incapacity benefits in October 2010 with a small trial to test and learn from the process, with the national reassessment programme planned to run from spring 2011 to March 2014.”

The new test is likely to be in time for the start of the migration but the lucky ones may not be reassessed for another three years.

Best of luck at your tribunal, make sure that you read the IB appeal guide.

Derek