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Re: IB Appeal Successful

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13 years 4 months ago #62384 by ommi
Re: IB Appeal Successful was created by ommi
IB Appeal (Mental Health Related) hearing just been heard in the preseence of judge & Medical Doctor,after 12 long months.Whole thing lasted around 30 mins .Was asked a series of questions mainly revolving around what effects,the thought of returning to work would have on me and how much support i needed throughout the day ETC..My representative did make a point to go through each of the mental health-descriptors that we strongly disagreed upon and that were recorded totally inaccurately at most recent PCA medical.Also was armed with a strong supporting letter from my G.P Tribunal staff it has to be said were very well mannered and polite and did not put me under any pressure or give me any attitude-quite to the contrary.After a short deliberation was asked to leave and told woud be informed by post.It was to my amazement then,when i woke the following morning to find the dreaded brown envelope laying on my door mat.After plucking up the courage finally,opened the letter to find my appeal had been upheld and had gone from 0 points at last PCA to being declared 'Exceptional Circumstances' category had been applied due to severe depression.To say i was overjoyed is putting it mildly.Cannot thank B&W enough for providing me with all the right kinds of info that i would have been lost without and through-whose help would not have continued.Its only thanks to your site that i have been able to gain access to all the vital pieces of info needed to put together a stronger case.Many Thanks....Couple of questions that still arise, if u could please clarify-no indication or statement of any backdated payment in tribunal-notice,altough it does state the 'decison of Sec of State is set aside' from JUN 2010 and secondly when is it likely that i will be made to move on to ESA and will this mean 'back to square one' for me eg;new medical etc??? Apologies for the long winded post-just had to get this all off my chest

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13 years 4 months ago #62389 by Gordon
Replied by Gordon on topic Re: IB Appeal Successful
Ommi

First of all well done for your perseverance.

I would guess that backpayments are due from June 2010 on the assumption that this was the date of the Decision you appealed against.

It would be worth your while contacting the DWP to see if they have received the result letter as well, and if not sending them a copy, as it often seems to take an awful long time for it to arrive on its own.

With regard to your being transferred, I don't think there is any way to tell unless the Tribunal panel set a re-assessment date, which is unlikely. I would suggest you enjoy it while you can and prepare for the transfer by reading up on what is involved through our guides in the Members area.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 4 months ago #62390 by Towser
Replied by Towser on topic Re: IB Appeal Successful
Back payments of anything that is owed will be made.
Unfortunately you will have to apply for ESA when requested.
It may improve your claim if you request the decision from your appeal to support further evidence.

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13 years 4 months ago #62391 by cdcdi1911
Replied by cdcdi1911 on topic Re: IB Appeal Successful
Hi ommi

Congratulations for succeeding with your appeal.

The tribunal have simply overturned the DWP's decision. It's now a matter for the DWP to adopt the tribunal's decision and reinstate your benefit and calculate the back-payment due. Although the tribunal will have posted a copy of the decision notice to both parties at the same time it seems to take several weeks for the DWP to act upon it, although you may be able to speed up the process by sending the DWP a copy of the decision notice yourself.

Regrettably you will eventually be reassessed for ESA but it's impossible to know when.

Good luck

Derek

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  • juliette
13 years 4 months ago - 13 years 4 months ago #62471 by juliette
Replied by juliette on topic Re: IB Appeal Successful
Hi

Well done on winning the battle!

[rest of post deleted as it is duplicated in another thread]

Good luck

Juliette xxx
Last edit: 13 years 4 months ago by cdcdi1911. Reason: see above

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  • juliette
13 years 4 months ago #62495 by juliette
Replied by juliette on topic Re: IB Appeal Successful
I know and thanks for letting me keep the post on another thread. I guess I needed some advice,so I thought it best to start a new thread.

Well done to you for getting a positive result anyway.

Juliette :)

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