"Appealing decisions on an IB and an ESA claim"
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manager cab, south staffordshire cab Member since 11th May 2007
Appealing decisions on an IB and an ESA claim Tue 23-Mar-10 07:39 PM
Have been pouring over DWP memos 12/09 and 16/10 regarding claiming ESA whilst appealing an IB decision and have found previous threads around this issue v.helpful so thank you to the contributors.
I currently have a client who was in receipt of contributions based IB but this stopped recently after she failed the PCA. She cannot claim any means tested benefits whilst she is appealing (partner works f/t), and has been advised to make an ESA claim whilst appealing the IB decision - in order to recieve some contributions based ESA I assume, NI contributions permitting.
Now, what I can't work out is this; can I assume client will have her LCW assessment before her IB appeal is heard? If she fails this (and from what I've seen so far I can't help thinking she will just be given 0 points) then DWP advice is to ask for both appeals to be heard together. But as it seems there is currently such a long wait for ESA appeals to be listed, wouldn't client be better off having the appeals heard separately? I'm guessing (based on no evidence I admit!) that clients IB appeal may be listed first if there are less of these waiting to be heard? In this case if client is found capable of work then can she just withdraw the ESA appeal and continue receiving IB as before (with any CBESA she has received in the meantime offset against the backdated IB). Or have I got it all scrambled as some of memo 16/10 replaces bits of 12/09....
Any thoughts on the above would be much appreciated.