I have a case where my client was asked to complete an IB50, which she did. Ten months went by before she was called for a medical examination. She then failed the PCA.

I'll be arguing the points obviously... but i'm planning to try and argue that although the medical examination did follow the IB50 as the regulations require...the time between the two was too great either to have any significant connection.

I've looked at reg 6 (IFW GEN regs) and the DM doesn't have to have a questionnaire...but that's only where the DM already has enough information. Before the medical, all the DM had was a 10 month old IB50.

Any thoughts?

I had the same at the end of last year and legally they have done nothing wrong. But it was clear the EMO stuck closely to the IB113 from her GP . In the 6 mth it took to call her for the PCA medical she was admitted too a psychiatric hospital for two weeks and the EMO completely ignored this other than a brief sentence 'in hospital two week in June'. PCA was in the August.We therefore highlighted that EMO had referred too a period 6mth out of date and as with most of this new IB85s it wasnt had to show how error strewn it was . It also helped to get upto date medical evidence. We won the appeal on the basis she was exempted from the PCA under ICB Reg 10 severe mental illness. Also make sure you have the previous PCAs if they have successfully passed one previously.

did the EMP assess her as not having sufficient points under the mental health descriptors or didn't he assess mental health?

I ask because I now have to do an appeal to the commissioners on a case where there was no decision following PCA in June 04 - i suspect because someone spotted that the EMP hadn't carried out the mental health assessment, and client, with physical and mental health probs had med certs showing depression. so incap. determination was done in December, when med report was over 6 months old, and IB50 was over 9 months old.

incredibly, the tribunal decided that they were satisfied the report was not incomplete, and were satisfied that she would not have scored any points under the MH descriptors.

my head is in my hands...

jj

Yes it was because they scored her 6pts MH descriptors, we took a 2 prong attack i.e. exempt under reg 10 and 14pts mentally.
I would have thought you would have some mileage in going to commissioners as it seems from the info you have given, they will have a very difficult task supplying adequate reasons if they did not explore the descriptors individually given you had proof of mental health problems.see cib 4497/1998 for minimum requirements.

thanks for that. yes, they went on the reasons the doctor gave for not completing the mha...

jj