disability advisor, DIAL lowestoft Member since 06th Jan 2006
IB appeal pending + ESA claim? Tue 29-Sep-09 09:03 PM
I have a client who lost an IB renewal appeal in July and is awaiting full reasons with a view to challenging. He was awaiting surgery at the time of appeal but GP hadn't yet received confirmation letter from Cons. He argued that they should have adjourned for medical evidence rather than turn him down. Has just been told he is on urgent list and surgery will be done in Oct with 6-8 week convalescence and no guarantee that it will be successful because his shoulder frequently dislocates. can he claim ESA and would he be excempt from WCA on the grounds of impending surgery? This is not technically a worsening of condition it is all the same issue.
Welfare Rights Advisor, Wirral Welfare Rights Unit Member since 07th Sep 2009
RE: IB appeal pending + ESA claim? Fri 02-Oct-09 11:37 AM
He can claim ESA because he is not prevented from doing so by the IB decision. He won't be exempt from the WCA because the list of exemptions doesn't include an exemption when there is major surgery pending, unlike IB