The DWP are not bound by what your GP says. They will consider this as part of the evidence but the law says that your fitness for work is determined by your ability to carry out the activities in the Personal Capability Assessment/Work Capability Assessment.

If you are appealing against a decision that you are no longer entitled to Incapacity Benefit or Income Support on the basis that you are not fit for work the following applies to you:-

• If you have paid sufficient National Insurance Contributions at the right time you can claim Contribution Based Jobseeker’s Allowance.
• If not, you can claim Income Based JSA or a reduced amount of Income Support but these Benefits are means-tested so any other income you and your partner have will be taken into account.
  Claiming JSA and saying you are fit for work will not prejudice your Appeal.

If you have been refused Employment and Support Allowance, your Employment and Support Allowance will continue in payment at the basic rate as long as you have lodged your appeal within the time limit. The sooner you lodge your appeal the sooner your Employment and Support Allowance will be re-instated. This will continue until your appeal has been heard.

With the exception of pneumoconiosis, byssinosis or diffuse mesothelioma a claimant must have an assessment of at least 14% before Benefit is payable. However assessments can be added together to make 14%.

Since April 2004 benefit for children has been paid via Child Tax Credit. This will stay in payment as you move in and out of work.
If you are already in receipt of Income Support or Job Seekers Allowance for your children you will continue to receive it for a transitional period.