I won IB appeal today!

Am so happy and releaved. I was representing my husband but they did make him come in too. It was all over in less than 5 minutes, they said he was excempt from the capability statement. My question is this - he first claimed IB in 1997 and it stopped a year later. We never took it any further at the time. In 2007 we reclaimed it and it was stopped in 2009 which I appealed today. Am I allowed to back claim between 1998 and 2007 as his illness hasn't changed in all that time (in fact it has worsened). I know it is unlikely as there is probably a time frame on this but I would value your answer. Thank you for all your good advice given on this website.

Hi Alison,

Glad to hear of your successful appeal in you representing your husband. It proves that you don't have to be a professional adviser to get a successful result.

In my opinion, you cannot back claim to 1998, because of the linking rules.

However. as I'm now retired I may be out-of-date, so perhaps Crazydiamond could either confirm what I've said, or give you more up-to-date advice.

Thanks for coming back and telling us of your success, it really does give encouragement to others in similar circumstances.

Best wishes.

Jim

Well done!

Fiona

Alison99 wrote:

Am so happy and releaved. I was representing my husband but they did make him come in too. It was all over in less than 5 minutes, they said he was excempt from the capability statement. My question is this - he first claimed IB in 1997 and it stopped a year later. We never took it any further at the time. In 2007 we reclaimed it and it was stopped in 2009 which I appealed today. Am I allowed to back claim between 1998 and 2007 as his illness hasn't changed in all that time (in fact it has worsened). I know it is unlikely as there is probably a time frame on this but I would value your answer. Thank you for all your good advice given on this website.

I'm afraid that it would be extremely unlikely if not impossible to backdate your husbands IB claim to 1998.

In order for any claim to succeed, your husband would have to show good cause continuously throughout the period from 1998 to 2007. The fact that the original IB claim was terminated, although I am unaware of the exact circumstances of the termination, and it was not appealed or reclaimed would not constitute good cause.

The only exception that may have been a factor in proving good cause, would be if your husband was misdirected (misinformed) by an officer of the DWP (formerly the DSS), for example, if it was advised that a potential IB appeal was doomed to fail. Even if this was the case, again it would be difficult to prove, because of the passage of time that has elapsed since the date of the original IB claim.

I won a 2007 IB claim 6 weeks ago, and have already been sent IB50 form. Havent even received backpay and they want me to go for medical.

Very well done, really glad for you.

Kathy