I am becoming very frustrated with IIB decisions concerning back problems. Two recent clients are relatively young people with no previous history of problems who had quite high awards of IIB but on renewal it was decided that any problems they have are no longer due to the accident. My most recent client was told by Castleford IIB that he stood virtually no chance of having a decision on a back problem changed because he "could have done it turning over in bed". He has decided not to appeal.

In the previous case the client had had earlier decisions overturned on appeal and had also developed depression as a result of the back problem. Despite submitting what I thought was good supporting evidence and a medical opinion that it was highly unlikely that the disablement would have happened at all if it were not for the accident, the appeal failed.

I have also had a recent claim refused for someone who injured his neck and shoulder at work on the grounds that, if it had been due to to the accident, the disablement would have resolved earlier.

Is anyone experiencing similar difficulties and do you have any tips?

The problems at Castleford don't stop there...they also have issues with the authorities that clients sign to allow us to act on their behalf.

We received a letter from Catleford IIDB section in response to a request for information. They wrote “…the Department cannot disclose the information without lawful authority. Whilst the present form of consent submitted on behalf of purports to record their agreement to the disclosure in these circumstances should be informed consent…it is the Department’s policy to disclose the personal information to the DWP customer first…the information you seek will then be in the posession and control of to whom a direct request for information may then be made”.

Apparently they have a new Data Protection Officer.