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A colleague of mine had a successful outcome with an Incapacity Benefit (IB) Appeal on 15 th January 10, they were in receipt of ESA at reduced rate while waiting for the appeal. Also the ESA had been refused in connection with being considered as having 'limited capably of work' so they earlier appealed that and have a hearing date scheduled for 17th February 10.
She wishes to accept the IB decision but in case the DWP ask for statement reasons she is holding off withdrawing from the ESA appeal until the DWP have confirmed payment of IB, but the DWP seem a bit slow and as yet we have not had confirmation of the IB from them.
Maybe potential to ask the Tribunal Service to postpone her ESA appeal, but what grounds could we use for this.
If she is successful with the ESA appeal what would take precedence, if both were successful, IB or ESA, would she have a choice.
If the ESA appeal fails or she withdraws from it before the IB is confirmed, then it would appear that she would be reliant on the IB being confirmed later, but in the meantime after the ESA has stopped it would seem she would not get any income unless she is outside the 6 months period of claiming ESA again due to a new condition or present condition worsening.
It would be appreciated if we could get some views of this circumstance.
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