Discussion archive

Top Decision Making and Appeals topic #3005

Subject: "IB appeals where client has failed to attend a medical examination." First topic | Last topic
Peter Newton
                              

Deputy Manager, Woodseats Advice Centre, Sheffield
Member since
27th Jan 2004

IB appeals where client has failed to attend a medical examination.
Wed 01-Oct-08 10:56 AM

If a client successfully appeals against a decision to terminate an IB or IS award because they have failed to attend a medical examination, can the tribunal go on to determine whether the client satisfies the PCA or is the matter routinely referred back to Medical Services for them to arrange an examination? ie if representing at this type of appeal do we need to prepare arguments both for good reasons for the client not attending the medical and for them satisfying the PCA, or just the former?

  

Top      

Replies to this topic

david fernie
                              

WRO, Appeals Section, Glasgow City Council
Member since
14th May 2004

RE: IB appeals where client has failed to attend a medical examination.
Wed 01-Oct-08 11:15 AM

If you fail to attend a PCA without good cause, you are TREATED AS capable of work by reg 8 of the IFW (Gen) Regs.

When you win your appeal and are found to have good cause by a tribunal, you go back to being incapable of work - the PCA is irrelevant

David

  

Top      

Top Decision Making and Appeals topic #3005First topic | Last topic