My client completed an IB50 early in the year and on 17 February he was notified that he had satisfied the PCA and his normal review date would be in February 2010.

He had not had a BAMS medical, but shortly after receiving his decision notice he received a telephone call asking him to attend a medical which he did and (you guessed it) he received a decision saying he had failed the PCA. The new decision was dated 30 March.He had not been asked to complete a new IB50.

There were no changes in my client's condition between 17 February and 30 March nor any developments which might have led the department to suspect that there were. All the indications are that the department decided late in the day that they wanted a BAMS medical and weren't going to let a small technicality like the fact that they'd already issued a favourable decision get in the way.

Can I canvass suggestions on how best to dispute the procedural aspects of the new decision.

Thanks

We had acase at the end of 2004 client has brain damage and scored 22 points on mental health descriptors. He also had epilepsy which would have scored 15pts on the physical but EMA stated no need to address this given mental state.
6 weeks later they called him in again no explanation. Rang DWP who stated the EMA had had not been aware he was doing permitted work and may effect asseessment. Client polished floors as cleaner fully supervised. Client in tears and refused to go so , we sent very strong letter stating client would not attend and if they progressed with out better justification we would get the parlimentary ombudsman involved or start a DDa action using their reason meant anyone doing permmitted work risked failing PCA. they backed off