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Top Decision Making and Appeals topic #3960

Subject: "Gathering evidence for an Industrial Injuries Disablement Benefit appeal" First topic | Last topic
iut044
                              

Advisor, South West Lancashire Independent Community Advice
Member since
15th May 2007

Gathering evidence for an Industrial Injuries Disablement Benefit appeal
Mon 19-Apr-10 12:47 PM

Hi

Sorry if this seems to be a simplistic question, this is my first Industrial Injuries Disablement Benefit appeal.

The client was only assessed as 10% disabled and he needs to be assessed as at least 14% disabled for an award to be made. He does not have any of the listed conditions which have a set percentage awarded to them. I am aware that doctors use their own judgement in this situation to make an assessment of how disabled the appelant is.

My question is what sort of questions should I ask when I write to my clients own doctors? I am finding this hard to decide as there is no set criteria in his case for calculating how disabled he is

Thanks

  

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clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: Gathering evidence for an Industrial Injuries Disablement Benefit appeal
Mon 19-Apr-10 07:53 PM

think about the effects of the accident/industrial disease on the claimant and ask questions related to that - which part of his body was injured and what does the claimant say the effects are? possibly think about the things he can/can't do in the context of the PCA as well - helps focus thoughts, if nothing else.

but also bear in mind that the gp may not be aware of the relevant disabilities ..

and take a full and detailed statement from your client on the effects the accident/disease is having on his ability to perform whatever tasks are relevant...

and try and relate that to some of the "given" percentages...

also - check to see if there's anything else he can claim IIDB for, as if there is, and he gets something for that/those, the percentages will be added up, of course...

  

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Top Decision Making and Appeals topic #3960First topic | Last topic