I have a client who claimed and started to get Incap ben WEF from 23.1.04, on mainly physical grounds, with just a tad of depression. The PCA became applicable to him WEF from 3.8.04 (196 days)

However, the DM started looking for medical evidence - he sent form IB113 to the client's GP on 5.5.05 asking for a report. The completed report was then sent direct to Medical services who on 14.5.04 vertified that the client was not in an exempt catagory.

The facts of the case in the appeal papers state that on 8.6.04, an IB50 was sent to client, which he returned to the local office on 15.6.04. The DM then arranged for a medical examination to take place on 18.8.04 (outside of the 196 day period) the upshot of which was that he failed the PCA, and is now the subject of an appeal.

Now, I can't recall a case before where the DM obtained a medical report from the GP first, (or within the 196 day period), before sending out the IB50. For some reason I have it in the back of my mind that a DM should not be seeking medical evidence like that within the period of entitlement - I seem to recall that there was a case a few years ago where a DLA DM had done that, and the evidence was subsequently not allowed to be used at the Appeal.

No doubt someone can reassure me that this procedure is quite correct and above board - or perhaps even confirm my suspicions are not unfounded................