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Help - Industrial Injuries Benefit Appeal!
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cassie_c
Posts: 18 Forumite
Does anybody have any knowledge or experience of appealing against an IIB appeal?
Briefly, my husband is suffering from Vibration White Finger (VWF) after using vibrating hand tools while working in the construction industry years ago.
He put in a claim just over a year ago and last December had an ATOS medical - which was a total farce! He arrived for the medical on time for his appointment and with all the fingers on both hands totally white & numb. After sitting in a warm waiting room for two and a half hours before he was eventually seen, his fingers had returned to normal. The tests given by the examiner included manual dexterity etc. which presented little problem - as his fingers were no longer dead!
He then received a decision that he was not entitled to benefit as 'he did not have the prescribed disease'. He appealed - sending in photographs showing the extent of the problem and pointing out again a paragraph in a letter from a consultant vascular surgeon (which had been sent with his original claim) saying that he showed clear evidence of having HAVS.
They have now sent a letter saying - yes - he does have VWF after all :cool:, it was caused by his occupation and he will be affected for life!
To receive any benefit the level assessed has to be over 14% disability - he has been assessed at 6% !!!!
I've spoken to the benefit office who have been very helpful and recommended another appeal against the 6% - I said - "does anyone ever receive this benefit" and was told 'Yes' - how much worse can someone be than to have all their fingers so badly affected?
When I look online, all I seem to find is a million links to 'no win, no claim' solicitors - it would be nice to find someone who has had a similar experience to decide how best to appeal and also to find out how the percentage decision is arrived at!
Briefly, my husband is suffering from Vibration White Finger (VWF) after using vibrating hand tools while working in the construction industry years ago.
He put in a claim just over a year ago and last December had an ATOS medical - which was a total farce! He arrived for the medical on time for his appointment and with all the fingers on both hands totally white & numb. After sitting in a warm waiting room for two and a half hours before he was eventually seen, his fingers had returned to normal. The tests given by the examiner included manual dexterity etc. which presented little problem - as his fingers were no longer dead!
He then received a decision that he was not entitled to benefit as 'he did not have the prescribed disease'. He appealed - sending in photographs showing the extent of the problem and pointing out again a paragraph in a letter from a consultant vascular surgeon (which had been sent with his original claim) saying that he showed clear evidence of having HAVS.
They have now sent a letter saying - yes - he does have VWF after all :cool:, it was caused by his occupation and he will be affected for life!
To receive any benefit the level assessed has to be over 14% disability - he has been assessed at 6% !!!!
I've spoken to the benefit office who have been very helpful and recommended another appeal against the 6% - I said - "does anyone ever receive this benefit" and was told 'Yes' - how much worse can someone be than to have all their fingers so badly affected?
When I look online, all I seem to find is a million links to 'no win, no claim' solicitors - it would be nice to find someone who has had a similar experience to decide how best to appeal and also to find out how the percentage decision is arrived at!
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I'm just bumping this for the poster in case anyone missed it.I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.0
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I get this benefit & all i can suggest is that you say how the disability affects the day to day life of your husband. He may need you to do things for him.
Best of luck.0
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