Can anyone point me in the direction of case law which supports the view that a different medical opinion is not a change in circumstances?

Thanks

Client's previous IB85 in 2006 scored 21 physical and 18 mental which is supported by GP. Current IB85 scored 0. Benefit ceased.

Apparently IB113 issued but never received.

The case-law and regulations relevant to this are discussed at length in the annotation to Regulation 6(2)(g) of the Decisions and Appeals Regulations in the "green" volume III of the big Sweet and Maxwell legislation volumes. It isn't at all easy to summarise this. The case law goes back to around 2001 especially Cooke <2001> EWCA Civ 734 otherwise known as R(DLA) 6/01, which probably is absed on the law before the present version of that Regulation as revised in 1999. The regualtion now expressly provides that there is a power to supersed following a medical report. However where there is an application for supersession to the Decision Maker, it is up to the applicant (here, SoS)at the end of the day to prove there has been a change of circumstances. If the claimant says his condiiton has not improved in any way the SoS should produce the earlier PCA so that if necessary a Tribunal can compare.

Hollow laughter. How many exhausted people do they employ searching at the storage centres where nothing is apparently ever found, however hard you look?

"Hollow laughter. How many exhausted people do they employ searching at the storage centres where nothing is apparently ever found, however hard you look?"

that's because it'll have been destroyed, ariadne, pursuant to their exceedling tight and very short sighted destruction policies....

Thanks for the info, should be useful.

In this case they did find and provide a copy of the previous PCA which scored 21 from physical and 18 from mental health. GP and client say no change in circs. Recent MO scored 0.