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thans 4 help tribunal success BUT!!!!
problem123
Posts: 15 Forumite
Thanks to all that helped and offered me advice:
I have won an income support tribunal regarding my failure to attend a medical assessment for incapacity benefit. (I can scan the details and post them if need be)
The appeal has been overturned. Yet if this is the case then surely my position should be as it was at the point of my benefits stopping i.e. I should continue to receive benefits (and backdated funds) and a new medical arranged. Is that correct?
But according to the small print it states and I quote:
“8 I am satisfied that there are grounds to continue treating him as incapable of work pending a further medical examination.
9Accordingly the appeal against the decision [insert: stoppage of benefits due to not attendance of medical interview] is all so successful (bad spelling) since the appellant remains within a prescribed category of persons entitled to income support by virtue of these findings that he had good cause for his failure to attend he medical interview, and there are grounds for treating him as incapable of work:
10 A medical examination should be arranged as soon as possible. Consideration should be given to a home visit.
“
It states pending a medical interview (I assume a successful one). Point is this: if my illness caused me to have ground s for failure of attendance surely my money should be paid from the point of the success of the appeal including backdating, and only be stopped if the medical is failed???
Question then is will I get any money (+backdated) income support until the medical for incapacitry benefit?
also i i do get income support then my housing benefit should also be able to be resummed?
is this good news then or just a small stepping stone?
I have won an income support tribunal regarding my failure to attend a medical assessment for incapacity benefit. (I can scan the details and post them if need be)
The appeal has been overturned. Yet if this is the case then surely my position should be as it was at the point of my benefits stopping i.e. I should continue to receive benefits (and backdated funds) and a new medical arranged. Is that correct?
But according to the small print it states and I quote:
“8 I am satisfied that there are grounds to continue treating him as incapable of work pending a further medical examination.
9Accordingly the appeal against the decision [insert: stoppage of benefits due to not attendance of medical interview] is all so successful (bad spelling) since the appellant remains within a prescribed category of persons entitled to income support by virtue of these findings that he had good cause for his failure to attend he medical interview, and there are grounds for treating him as incapable of work:
10 A medical examination should be arranged as soon as possible. Consideration should be given to a home visit.
“
It states pending a medical interview (I assume a successful one). Point is this: if my illness caused me to have ground s for failure of attendance surely my money should be paid from the point of the success of the appeal including backdating, and only be stopped if the medical is failed???
Question then is will I get any money (+backdated) income support until the medical for incapacitry benefit?
also i i do get income support then my housing benefit should also be able to be resummed?
is this good news then or just a small stepping stone?
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