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I won IB appeal today!

  • Alison99
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13 years 10 months ago #19397 by Alison99
I won IB appeal today! was created by Alison99
Am so happy and releaved. I was representing my husband but they did make him come in too. It was all over in less than 5 minutes, they said he was excempt from the capability statement. My question is this - he first claimed IB in 1997 and it stopped a year later. We never took it any further at the time. In 2007 we reclaimed it and it was stopped in 2009 which I appealed today. Am I allowed to back claim between 1998 and 2007 as his illness hasn't changed in all that time (in fact it has worsened). I know it is unlikely as there is probably a time frame on this but I would value your answer. Thank you for all your good advice given on this website.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 10 months ago #19402 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:I won IB appeal today!
Hi Alison,

Glad to hear of your successful appeal in you representing your husband. It proves that you don't have to be a professional adviser to get a successful result.

In my opinion, you cannot back claim to 1998, because of the linking rules.

However. as I'm now retired I may be out-of-date, so perhaps Crazydiamond could either confirm what I've said, or give you more up-to-date advice.

Thanks for coming back and telling us of your success, it really does give encouragement to others in similar circumstances.

Best wishes.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • avalon
13 years 10 months ago #19411 by avalon
Replied by avalon on topic Re:I won IB appeal today!
Well done! :laugh:

Fiona

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13 years 10 months ago - 13 years 10 months ago #19412 by Crazydiamond
Replied by Crazydiamond on topic Re:I won IB appeal today!
Alison99 wrote:

Am so happy and releaved. I was representing my husband but they did make him come in too. It was all over in less than 5 minutes, they said he was excempt from the capability statement. My question is this - he first claimed IB in 1997 and it stopped a year later. We never took it any further at the time. In 2007 we reclaimed it and it was stopped in 2009 which I appealed today. Am I allowed to back claim between 1998 and 2007 as his illness hasn't changed in all that time (in fact it has worsened). I know it is unlikely as there is probably a time frame on this but I would value your answer. Thank you for all your good advice given on this website.


I'm afraid that it would be extremely unlikely if not impossible to backdate your husbands IB claim to 1998.

In order for any claim to succeed, your husband would have to show good cause continuously throughout the period from 1998 to 2007. The fact that the original IB claim was terminated, although I am unaware of the exact circumstances of the termination, and it was not appealed or reclaimed would not constitute good cause.

The only exception that may have been a factor in proving good cause, would be if your husband was misdirected (misinformed) by an officer of the DWP (formerly the DSS), for example, if it was advised that a potential IB appeal was doomed to fail. Even if this was the case, again it would be difficult to prove, because of the passage of time that has elapsed since the date of the original IB claim.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 10 months ago by Crazydiamond. Reason: Spelling correction.

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  • Lida
13 years 10 months ago #19414 by Lida
Replied by Lida on topic Re: I won IB appeal today!
I won a 2007 IB claim 6 weeks ago, and have already been sent IB50 form. Havent even received backpay and they want me to go for medical.

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  • kathy1
13 years 10 months ago #19419 by kathy1
Replied by kathy1 on topic Re: I won IB appeal today!
Very well done, really glad for you.

Kathy

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