I have a client with mental health problems who has failed the PCA, scoring only 7 points. He has no physical disability. Following a medical in 2006 he scored 14 points from the mental health descriptors.
My question is this; when a person satisfies the PCA on mental health grounds the medical report advises that if the case is re-referred, further medical evidence is obtained from the GP on form IB113. Does this happen? In this case there has been no request from the DWP for a GP report, I do have a very good letter from the GP and feel that if a GP report had been requested the case may not have got this far. Do I need to bring this up at the appeal hearing about the DWP not requesting an IB113?

The simple answer is , it is normal practice to send a IB113 ,but is not mandatory see Reg 6 of the ICB(Gen) regs, but I would persue a complaint that the DWP have submitted him to unecessary duress, given nature of the clients health problems.

Not compulsory as stated, but matter should always be raised at tribunal along the lines that DWP/SOS have failed to adhere to their own good/standard practice and in doing so have failed in their obligation to discharge the burden of proof placed on them.

Appeal was heard yesterday & was successful, thanks again. Val