IB Appeal - Hearing Soon Help Needed

rayuk_2

Hello, i am new here, and this forum seems very helpful, so i was wondering if anyone can give me advice about my situation.

I had my IB claim disallowed after a medical assesment doctor said i am fit for work. Like most things i have read on here, he lied, and didn't do half the things he said on his report. I think they do it because the goverment want as many people as possible off these benefits.
Anyway, my problem is i have my hearing coming up soon, and i wanted to know in the event i lose my appeal, what happens in regards to benefits. Does it stop that day?

Also my other big problem is, 2 days after my appeal is heard, i am going away for 2 weeks, so i am really worried that if my appeal fails, and then i have to claim Job seekers allowance i won't be able to sign on or attend any interviews, as i won't be here. So i am now really worried about this situation, the tribunal know i am going away 2 days after the hearing, so i can't understand why they gave me an appointment so close to me going away.

So i am wondering what advice anyone can offer me with my problem.

KxMx

If your appeal fails then yes the benefits stoppage will be immediate.
The only thing I can think of is go to the CAB, (who may be able to represent you at the appeal) and get them to contact the triunbal and ask for a delay. They're not often granted, but it's worth a try.

stazi

Where and why are you going?

rayuk_2

ok, thanks
i think they sent me this appointment on purpose, knowing i am going away 2 days after, and not much i can do about it.

rayuk_2

stazi wrote: »

Where and why are you going?

do you mean where am i going away?

I am going overseas for 2 weeks for half term with my family
this trip was booked before i even went for a medical and before my IB was stopped.

stazi

If you are still getting some benefit, I assume it is IS pendng your appeal hearing, and as said, if you lose, it will stop from that day .

Whether you win or lose your appeal, I suggest you tell JCP now that you will be going abroad for these 2 weeks.

I would also make a JSA claim now, just in case you do lose your appeal- this will have no impact on the out come of the appeal. It would be better to do this before, rather than after your holiday, as any JSA claim may not be accepted for the period abroad.

If you win your appeal, then JCP will know that you've been abroad, and if you have already been sick for 26 weeks, it will have no affect on your reinstated IB claim. Any JSA claim made (anticipating you losing your appeal)can then be simply cancelled/closed.

For the record, your appeal is being heard by the independant Appeals Service- independant of DWP- and the date of your appeal hearing has not picked 'on purpose' just because, as it happens, you are going away 2 days
later. Had you been abroad when your hearing date was chosen, they would have re booked it.

rayuk_2

thanks, the appeal people did actually know i was going 2 days later because i informed them, thats why i thought they may have done it.
As you said maybe its my mind working overtime at the moment.

I didn't realise you could make a claim for JSA now, before i have the hearing.
Won't they wonder why i'm making a claim saying in effect i'm fit for work, when they will also know i have a pending appeal for IB saying i'm not fit for work.

How would i sign on as being fit for work, yet also not be fit for work in IB terms?

Sorry if that sounds confusing

rayuk_2

Also another thing i just thought about, which i haven't found the answer to.

If my appeal fails, will have i have to pay back any of the income support i received at the reduced rate.

Also the same for Housing / council tax benefit, will they ask me to pay anything back when they also find out my claim is not upheld

stazi

At the moment, a JCP Decision Maker has decided that you are fit for work- fact.

Don't forget that an Appeal hearing can do 1 of 3 things- give you more points, give you less points or agree the same points.

As I said, if you win you'll go back to the position you were in before you failed the PCA.
If you lose, you'll need to claim JSA anyway, but if you do it after your holiday, they may not allow the period abroad.
You'll have to agree to the Jobseekers agreement, -whether you like it or not- now or later - for a JSA claim to be accepted.
But, when you go into the Jobcentre don't say 'that your only claiming JSA because.....' otherwise they won't accept your JSA claim.

It is confusing- but it's also 'belt and braces'.

stazi

Until your hearing, you are entitled to IS/CTB/HB that you are getting and won't be asked to pay anything back.

rayuk_2

thanks Stazi, very helpful
so basically what do i say if i start a JSA claim now
sorry for sounding like a fool
I just want to get help with exactly the best way to do things