I have an IB appeal and in the departments submission they claim there have been no previous assessments. This client failed the PCA in 2007, we successfully appealed against the decision at that time. The appeal is to be heard on 17/12/08 & I have only just had chance to look at the papers. We do not have the facilities to copy all the old papers from the previous appeal. I am using some of the previous evidence again, and intend saying so in my submission. Would the panel adjourn because they don't have the previous bundle of papers?
I helped complete the latest IB50 & sent additional evidence in with that. The department havn't used this evidence either.
Should I ask for an adjournment or just go with the evidence I have?

I cerainly think the Tribunal needs to know about the previous assessment and appeal; they are unlikely to take kindly to being misled about previous awards. They probably don't want to know about all the bits that didn't directly lead to the previous award, but you need at least the decision notice from the previous appeal and any particularly good evidence from that appeal.

I presume that part of your argument is going to be that there has been no improvement. It would be helpful if you can have some medical evidence to back this point up, unless your client's disability is of the sort that is not going away , like learning disability, degenerative arthritis, or cystic fibrosis.

Thanks Ariadne, your a star for replying so quickly, particularly at the weekend. Or are we both sad because we are working at home? Val

Yeah, well, my home is my office!

You may find CIB/1509/2004 useful it is available in Briefcase.