ESA medical success but what about IB appeal

I was told by the DWP to apply for ESA. I was under the impression it was that or nothing. JSA wouldn't have been right as I can hardly walk or function normally so wouldn't have been capable of looking for work, let alone taking a job

I don't know if it makes any difference but I get reduced rate sick pay from my employer's insurance company (payable after 28 weeks) but don't get the SSP element of this so that's why went on IB initially. Also my partner earns money so I wouldn't get any income based benefit.

keddi wrote:

Had some good news today after I was expecting the worst. I passed the ESA medical and am now in the Work Related Activity Group. Much thanks must go to this website for the information that helped me prepare.

I only went onto ESA as I failed the Incapacity Benefit medical back in April. I am appealing this and should see a tribunal sometime after December. My dilemma now is if I am successful at the tribunal, should I go back to IB or should I stay on ESA, or will this happen automatically?

Anyone have any thoughts on what is the best situation to be in?

The official guidance according to DMG 12/09 states:-

PCA appeal allowed

Where the PCA appeal is allowed, the decision awarding ESA should be superseded and terminated on the grounds of a relevant change of circumstances. The change is that the FtT has held that the claimant is incapable of work, and as a result is entitled to an existing award throughout the period of the ESA award. The decision is effective from the date of the FtT's decision.

1 SS CS (D&A) Regs, reg 6(2)(a)(i); 2 ESA (Trans (Provs) Regs, reg 3(1); 3 SS CS (D&A) Regs, reg 7(2)(c)(v)

The award of IB is reinstated from the date it was terminated, and the arrears of IB should be offset against the amount of ESA paid.

I don't know whether this is relevant to your situation, but don't forget that they are planning to time limit contribtion based ESA for the work related group after 1 year, in which case it might be better to remain on IB for as long as possible and transfer to ESA later?

Just a thought.