Industrial Injury Disablement Benefit - claim rejected

DustyBlues

Hi,
Does anyone have any experience or advice in respect of having an IIDB claim for an accident at work rejected by DWP assessor please?
The accident is not disputed thanks to accident reports from the time but because I have unrelated underlying issues the DWP assessment doctor attributed my loss of function to these, despite having consultant’s reports to the contrary AND the accident happening a couple of years before I started suffering with my underlying issues. The assessment was over two hours with very in-depth questioning but I only had a cursory 2 minute examination which didn’t display the loss of function I experience.
Is it worth appealing and if so, what are my chances of the decision being overturned. 

Thanks 😊 

pmlindyloo

Who did your assessment?  
I believe that you can appeal the decision.  You would have to do a reconsideration first.
Does your decision letter explain the process?  Have you asked for a copy of the assessor's report?
I have no experience of applying for IIDB but from what I have read the same process applies as if you were appealing an assessment for Employment Support Allowance.

TELLIT01

Why has the claim process taken so long?  The accident happened at least a couple of years ago, presumably more.  Is it simply down to the IIDB process being slow?

If your consultant report contradicts the DWP one, and you have evidence that the other illnesses were not apparent at the time of the accident it would seem you have good grounds for appeal.  Nobody can really say how good the chances of success are.

calcotti

Are you claiming any means tested benefits? If so any IIDB award would be taken into account as income for the means tested benefit so may make no difference to your income.

DustyBlues

Thanks for your replies. A DWP appointed doctor did my assessment. I have asked for a Mandatory Reconsideration and they have given me a copy of the assessors report but it’s contradictory and doesn’t reflect the medical evidence I provided. 

The reason for the delay is I didn’t know anything about IIDB until a colleague mentioned it. In fairness to DWP, within a month of making my claim I was given an appointment for the assessment. So no complaints there. 

No I’m not claiming any means tested benefits.

TELLIT01

DustyBlues said:

The reason for the delay is I didn’t know anything about IIDB until a colleague mentioned it. In fairness to DWP, within a month of making my claim I was given an appointment for the assessment. So no complaints there. 

No I’m not claiming any means tested benefits.

Thanks for the clarification.  It may be difficult to prove that the other medical conditions weren't present at the time of the accident, even if you hadn't been diagnosed.  It's still worth appealing.