Questions about IB failed medical appeal

donny909

This is more to follow on from another thread prior to the appeal process I did a couple of months ago on here. But still awaiting the result of my appeal (I know it does take longer these days) I've been wandering on some of the details\facts of my appeal and wandering what other members think about what the appeal board can do with such cases?.

As previously stated the returned Personal Capability Assessment gave me no points, in the "Our assessment" box "no problems" was printed in each case and for each tick box the box that was ticked in each case was always the 1 finding no problems and therefor no points awarded etc.

Then as part of the appeal process I requested the IB85 that was assumingly used to compile the Personal Capability Assessment. Weather or not they should have sent this as pre appeal documents I'm a little unsure but was suggested by a member of here to request it I think.

Anyways the IB85 gives some rather interesting findings (as I expected it might do).

It does state some of the issues I reported to the so called "doctor" in the report as notes on pages 2-4. Even if some points and issues of what I told the doctor has been put down as the opposite of what I said at the time, most notes are as I recall telling him at the time. But on the rest of the pages thats used to compile to rest of the IB85 it does seem to either contradict the notes at the front of the report (which would be pretty much the same as the IB50 I filled in) or totally go against what I said during the medical even though the doctor has made notes and put it in the front of the IB85.

Basically the IB85 mainly lists and states what I told the doctor during the medical. But then the report itself states there is no problems when there is and was no way he could have tested or examined me to say either way. Yet the report did (in all cases) go on to say I had no problems on issues he could not have been medicaly (including breathing, pain, circulation and sleep issues) qualified or been able to test me on during the medical.


Now here is what I'm wandering, if the appeal board (and I've also asked them to go over the IB50 as part of the appeal) can see the doctor may have incorrectly compiled the report or has contradicted himself etc will they be more likely to find in my favour or would they simply have to go by his report even if they can clearly see there were problems with what he ticked as put as notes etc?.

PipsoG

The doctor doesn'r make the decision regarding if you are or are not capable of work.

The "Decision Maker" compares what you have written on your IB50 with what the doctor has written on the IB85, where there is a contradaction on they are unsure, they would look at any medical reports they had requested and then decides what they think is the truth!

In your appeal you will need to look at each item and give actual proof of how you disagree - if for instance the reports states you have no difficulty walking, you need to spell out very clearly what walking is like, if you need to stop and more importantly, what problems do you have later or the next day when you have been forced to walk.

Loads of times people are not awarded any points but at Appeal this decision has been overturned.

Don't ever fear going to a Tribunal - yes it is a Court but they do everything they can to make it as easy as possible and you can state very clearly to the chairperson what is wrong.

FTW

PipsoG wrote: »

The doctor doesn'r make the decision regarding if you are or are not capable of work.

The "Decision Maker" compares what you have written on your IB50 with what the doctor has written on the IB85, where there is a contradaction on they are unsure, they would look at any medical reports they had requested and then decides what they think is the truth!

In your appeal you will need to look at each item and give actual proof of how you disagree - if for instance the reports states you have no difficulty walking, you need to spell out very clearly what walking is like, if you need to stop and more importantly, what problems do you have later or the next day when you have been forced to walk.

Loads of times people are not awarded any points but at Appeal this decision has been overturned.

Don't ever fear going to a Tribunal - yes it is a Court but they do everything they can to make it as easy as possible and you can state very clearly to the chairperson what is wrong.

And if it gets to the tribunal stage, make sure you've submitted as much evidence as you can get from the doctors/specialists you've been seeing.

If at any stage, you ever have to go through another assessment, record it without telling Atos or the DWP - I can't stress enough how important it is to do that.