Confused after winning IB appeal

jagmaster

Hello I'm a new member and I'd be grateful for any help whatsoever in this matter.

On the 6/9/10 I attended a medical reassessment to see if I was still entitled to receive incapacity benefit.

On the 29/9/10 I was informed that I failed the assessment with 7 points, needing 15 to satisfy the criteria.

I immediately started an appeal process, and on the 20/1/11 I was awarded an additional 10 points at the tribunal taking my points to 17.

My question is this, prior to the reassessment on the 6/9/10 I was receiving £91 pw long term IB.

Today I received a letter telling me that they will be paying me £65 pw IB, and it will be December 2011 before I'm paid the long term rate.

Does this seem right to anyone? Am I not entitled to the same rate as before the reassessment?

Thanks in advance for any help you can give me.

-BA-

Although a couple of bits of information seem to be missing, I would say that, on the face of it, it does seem wrong.

Firstly though, I take it you were already on long term IB when you were called for medical?

Secondly, have you called the Benefit Delivery Centre to enquire?

It sounds like a clerical error to me and they should continued it from the date of the medical (if you were indeed already on long term IB).

I fail to see how you could have been on anything other than long term IB seeing as it was phased out for new claimants from Oct '08. This is assuming you haven't confused it with ESA (Employment & Support Allowance).

jagmaster

Thanks for replying,

Yes I was already on long term IB before being called for the medical.

The post was late today (after 4 o clock) so I haven't had the chance to contact anyone, but I will tomorrow.

I definitively am still on IB at the moment, the switch over to ESA hasn't reached me yet. I first applied for IB in Sep 08 just before the new ESA was introduced.

I just want to get some idea before contacting the DHSS.

Thanks.

-BA-

Well from what you have stated in your first post the long term IB should merely have been back dated to the date of you medical when you were first disallowed. If they don't give you a satisfactory answer tomorrow, your next call should be to Citizen's Advice or Welfare Rights.