I am representing a client at an incapacity appeal. The client completed his IB50 form himself. He has had a previous award of incapacity benefit. He had a heart attack last year. The difficulty I have is that the client indicated on the IB50 that he only has problems with three physical descriptors. This obviously limits the points that the tribunal could possibly award him. he scored zero on the PCA.

I think that the client should have indicated on the IB50 that additional physical descriptors apply. Would the tribunal accept the argument that he did not understand the IB50 properly and that they should consider the relevant physical descriptors that my client ommitted to indicate on his IB50.

I pulled this argument out in the past, the tribunal very reluctantly agreed to accept it and proceeded to absolutely grill my client.

Is there any case law that gives guidance on these issues?

Commissioner Howell in CIB/14442/96(*43/97) makes the point of how difficult claimants can find the IB50 to complete and that a tribunal should not limit their investigations to only those boxes they may have ticked.

You are not limited to the 3 discriptors the client highlghted . If you feel it is relevant then raise it at the hearing, if you have medical evidence all the better. Even without evidence you can build arguements around ability to repeat activity without pain and discomfort etc.to justify further discriptors. It is then up to the tribunal to accept or reject the arguements.
Also you should obtain previous (ib85), previous pca medical report ( if previously satisfied test) also previous ib50 may help. Is it possible he filled in previous ib50 badly but the medical assessor scored more. Which would support any arguement he filled in current form badly.

Goodluck

If you have time before the tribunal date you should write to the Decision Maker at your local office and give them the new information so that the decision can be reconsidered. If this goes in your clients' favour then the trauma of a hearing has been avoided for your client (and the cost of a hearing has been saved from the 'public purse'). If the decision is unchanged then the hearing is still available so that you can put the info. to the Tribunal.

Thanks folks for all your replies. They were very helpful. Unfortunately my client lost the appeal. The client failed to persuade me that the descriptors applied to him never mind the tribunal members so I expected the negative decision. As usual the client forgot what I told him due to nerves. He told the tribunal if he walks up or down stairs cautiously he can do so without stopping or taking a rest and without holding onto something. That was 7 points down the drain.

Thanks again everyone