IB TRIBUNAL WIN but need advice??

Hi first of all I'd like to thank this site for their advice & help through what can only be described as the worst experience in my life!!

After waiting just 10 days short of 1 year I finally got my IB tribunal. I am delighted to say that after being awarded only 2 points!!!!! by Atos doctor at medical, the tribunal awarded me a further 58 (YES 58!!) points. The relief was immense & very emotional. I have since had all my back money paid. So thank you again Benefits & work.

Now my questions are:-

While waiting for the IB tribunal I applied for ESA, which I initially got until attending Atos medical. Yet again this joke of a system decided I didn't meet criteria so I have had to appeal this decision. I have been receiving basic ESA and now receive the top up from IB (since the appeal)to make up my payment to correct IB amount. I have received a date for the ESA tribunal, which I was going to cancel but have been advised by my representative not to cancel this and to go through with it anyway?? So even though I should just be receiving IB and not have to continue to send sick lines (which GP says I don't need now I'm back on IB!!), I am receiving a bit of both benefits and having to go to the trouble of continuing to send sick lines when I don't need to. DWP say there is no benefit to me to remain on ESA when I could write and cancel my live claim (and Tribunal) and just go back to plain old IB?? Need some clarification can anyone help?? Would remaining on both help when IB to ESA transition comes as I would already be in receipt of it!! Sorry if this does not make much sense but it's pretty confusing knowing what to do for the best.

Thanks H

From reading DMG 12/09, as you have been successful with your IB appeal, any entitlement to ESA should be superseded in favour of your IB entitlement.

What this means in effect is that your ESA entitlement no longer exists and therefore the appeal should lapse, but as always with the absurd conception of ESA, the rules are as clear as mud. Under the heading "PCA appeal allowed" on page 4, paragraphs 9 and 10, this would appear to apply to your case.

A copy of DMG 12/09 is available HERE.

There is nothing to stop you withdrawing your ESA appeal, relinquishing your ESA entitlement and simply reverting back to IB, and this will effectively dispense with your ESA entitlement altogether. In view of the guidance in DMG 12/09 this would be a feasible option. I would however contact your JCP/BD office which deals with your IB/ESA claim, and let them know of your intentions. Quote the relevant paragraphs from the DMG if necessary; that should give them food for thought!