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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Help with IIDB appeal

CDV Adviser
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Nestor Financial Group Ltd

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With all the help available for PIP and ESA tribunals, is there anything for IIDB? I’m about to complete a submission for a client and I’m struggling with the arguments. The appeal will be paper-based so the sub needs to have as much info as possible. Any help from people experienced in IIDB appeals would be really helpful.

Amongst other things, the client was rated as follows in 2014

Impaired spinal function - 20%
Impaired mental equilibrium - 20%

The client hasn’t improved and was rated as follows in 2017

Impaired spinal function - 10%
Impaired mental equilibrium - 20%

The doctor relied on the use of mild painkillers as the reason for reducing the spinal award. His spinal functionality is actually worse now but he still only takes mild painkillers. He self medicates with other things.

The client also wants to argue that the award of 20% for Impaired mental equilibrium isn’t enough. This hasn’t worsened since 2014 so I have explained that the tribunal are unlikely to change a decision from 2014 and the client should have argued it after that assessment.

Advice appreciated.

Thanks

ClairemHodgson
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Solicitor, SC Law, Harrow

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better medical evidence on the spinal function, i should think.  What was the injury that led to it?  some spinal functions will improve with treatment, others won’t, and really, painkillers don’t improve function they only numb the pain

CDV Adviser
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Nestor Financial Group Ltd

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No chance of any further medical evidence on the spinal function unfortunately. The accident happened in 2009 and he’s been told the injury will not improve. Broken neck, shattered vertebrae, nerve damage, fractured ribs and sternum (healed), plus some burns, and damage to his ears and teeth. He struggles daily with the pain.

ClairemHodgson
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i’d have him major on the ways in which the residual issues impact on his mobility etc etc etc etc and that he does whatever through the pain…and ensure that any reports/records are in front of the tribunal (even if they are historic).  if it was a compensation case there will have been medical reports setting out prognosis etc as you know…

ClairemHodgson
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because it’s about how disabled he is, not how he copes with that disability with the assistance of pain killers….

analogy with deafness - you’re still x% deaf even if you have hearing aids, IIDB isn’t reduced to take account of them….

CDV Adviser
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Nestor Financial Group Ltd

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Thanks Claire much appreciated.