Incapacity benefit appeal form

[tamirra]

I put this post in the Law section and havent had any answers, so thought i would try here...... Hi, my daughter has just been turned down for claiming incapacity benefit, does anyone know the site where she can download an appeal form to print off please. Thank you. PS does this now mean she will not be entitled to DLA now. xx

[mrs_overall]

Incapacity benefit is means tested, DLA isn't, and they are completely separate.

With the letter refusing IB should be details of the appeals procedure. Can I ask by how many points she failed?

When applying for these benefits, you need the advice of someone from the CAB of your local DAG - you should NEVER try and fill the forms in yourself.

[sara3]

doesn't the decision letter tell you how to appeal? I doubt there's an official form, she'd just have to write a letter.

[mrs_overall]

sorry, that should read CAB or DAG (Disability Action Group)

[Jan1957]

It's not called Incapacity Benefit any more. It's Employment and Support Allowance. Try here:-

http://www.benefitsan...allowance/esa-appeals

[sandyRoe]

When she was told she wasn't getting Incapacity Benefit didn't they tell her how she could appeal that decision?
When she does get the appeal form she should get help filling it in. The CAB, maybe?
If she's not eligible for Incapacity Benefit I don't think she can get DLA. But if her appeal is successful then she'll be back-payed on both.

[sara3]

DLA is completely separate.

[mrs_overall]

To re-iterate - someone CAN get IB (or whatever it is called now) and not DLA and vice versa as they are separate

[tamirra]

Mrs overall i dont know how many points she failed by as i stopped her reading it to me down the phone as i didnt understand what the letter meant, but it dosnt mean that she will get turned down for the DLA too then because of this, it makes me so made that she has been turned down when i know of someone who has a twinge in her back and she claims DLA and has a car from it too, and my poor daughter has Behcets disease and has been so far turned down. x

[mrs_overall]

You need to find out how many points she had before I can advise further

[tamirra]

Ive just text`d her and asked. x

[mrs_overall]

It might be worth taking advice from the Behcet's Syndrome Society - 01488 71116
www.behcets.org.uk

[brenda]

I did a long spell for CAB as a tribunal worker , and the big mistake that many applicants make in their claims for benefits is , that they spend ages writing and talking about the things they can do and very little thought often goes in to the things they cannot do.
A benefits agency is not interested in what you can do , and judges your claim on the things you can't do.
So put self pride and the effort of being independent aside and tell it as it is -- what can you not do ,or what are the things which make your life difficult or painful.Good luck.

[tamirra]

Thank you for the number and website, will do that. x

[tamirra]

Would she have been turned down because she works 16 hrs a week when she is well and her Behcets is in remission, but when she is taken ill and cant even get out of bed alone to use the toilet she is off of work until she can walk again, would this be the reason?

[tamirra]

Brenda she did put all the things she cant do when she is ill, which is nothing really, when she is ill she has to stay in bed, i take her little girl from her and have her at my home, so there is nothing she can do when she is ill.x

[mrs_overall]

One of the problems could be that this illness can go into remission for months, even years. Your daughter really does need specialist advice

[sara3]

as a side issue.. you may be entitled to Carer's Allowance, depending on the full circumstances.

[tamirra]

Yes i know this is a big problem, but when she is ill she is terribly ill, and then needs the help. x

[tamirra]

She has applied for this too for myself as i care for her plus take over the mother role for her little un ( my grand-daughter )

[mrs_overall]

Please ring the society or go to the CAB