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Top Incapacity related benefits topic #3105

Subject: "CSIB/14667/1996" First topic | Last topic
Dan_manville
                              

Caseworker, Birmingham Tribunal Unit
Member since
08th Jun 2004

CSIB/14667/1996
Wed 06-Aug-08 09:08 AM

Don't s'pose anyone's got a copy of this decision, it's regarding "major" surgical procedures for reg 27.

if you have could you fax/email me?

fax: 0121 6667533


ta.

  

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Replies to this topic
RE: CSIB/14667/1996, ariadne2, 06th Aug 2008, #1
RE: CSIB/14667/1996, Dan_manville, 07th Aug 2008, #2
RE: CSIB/14667/1996, higginsa, 02nd Sep 2008, #3
RE: CSIB/14667/1996, Gareth Morgan, 02nd Sep 2008, #4
      RE: CSIB/14667/1996, shawn, 02nd Sep 2008, #5
           RE: CSIB/14667/1996, pboyd, 05th Sep 2008, #6
                RE: CSIB/14667/1996, Gareth Morgan, 05th Sep 2008, #7

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: CSIB/14667/1996
Wed 06-Aug-08 04:03 PM

Have you read the commentary on reg 27 and this case in the S&W legisaltion book? Basically it seems that it says the term is to be given its ordinary meaning rather than a purposive meaning. The Commissioner generally approved what is/was said in the IB Handbook for Medical Services Doctors:
"There is no legal definition of 'major surgical operation'. Your opinion has to be reasonable and based on the facts of the individual case.
It is not possible to give a definitive list of operations and procedures which would medically be thought of as major since other circumstances such as the diagnosis, the form of operation and presence of any other related treatments would reasonably need to be considered."

The commissioner pointed out that it is for the DM, not the doctor, to decide, and should take into account all the circumstances including other disabilities. The actual case concerned an arthrolysis (freeing of the joint) of the non-dominant elbow of a man of 33 which the Commr decided was not a major operation.

Examples of thing which should not be major operations: arthroscopy and washout of a knee, injections of steroids into a joint, cataract removal, simple hernia repairs, insertion of a stent into a coronary artery, bunion correction.
Examples of things that are definitely major surgery: open heart or brain surgery, hip or knee replacement, hysterectomy, kidney transplant, removal of a malignant tumour.
In between, and possibly depnding on the facts -???

  

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Dan_manville
                              

Caseworker, Birmingham Tribunal Unit
Member since
08th Jun 2004

RE: CSIB/14667/1996
Thu 07-Aug-08 11:27 AM

Fair to say I haven't, it was quoted by a chair used to touting arcane caselaw and I'd assumed it'd been dragged from the depths. Simply quoting from the book isn't like them!

Cheers.

  

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higginsa
                              

Welfare Rights Officer, Housing and Social Work North Lanarkshire Council
Member since
29th May 2008

RE: CSIB/14667/1996
Tue 02-Sep-08 01:30 PM

HI
Did you get a copy of this decision?

Anne Higgins
WRO NLC

  

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Gareth Morgan
                              

Managing Director, Ferret Information Systems, Cardiff
Member since
20th Feb 2004

RE: CSIB/14667/1996
Tue 02-Sep-08 02:39 PM

Arte you sure that it's a Scottish decision? That's a very high number.

  

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shawn
                              

editorial director, rightsnet
Member since
28th Jul 2005

RE: CSIB/14667/1996
Tue 02-Sep-08 02:54 PM


think you may be right gareth ....

.... for example CIB/14667/1996 is mentioned in CIB_3104_2004 that also relates to reg 27

  

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pboyd
                              

Legally Qualified Panel Member-Sitting Part-time, Tribunal Service - Wales & West
Member since
17th Jul 2008

RE: CSIB/14667/1996
Fri 05-Sep-08 04:23 PM

and in CDLA/2878/2000
http://www.osscsc.gov.uk/judgmentfiles/j206/06101.doc
PB

  

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Gareth Morgan
                              

Managing Director, Ferret Information Systems, Cardiff
Member since
20th Feb 2004

RE: CSIB/14667/1996
Fri 05-Sep-08 05:13 PM

And in C22/01-02(IB) from Northern Ireland.

Trumped

  

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