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Industrial Injuries Benefit (IIB)
- Jenny Fernandez
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6 years 8 months ago #194824 by Jenny Fernandez
Industrial Injuries Benefit (IIB) was created by Jenny Fernandez
I am not sure if anyone will be able to give advice on this.
Since 2002 I have been receiving IIB with regular reviews. In 2011 I was given an award of 30%. At my last review on 12/12/16 the Health Professional (HP) decided on a FINAL LIFE TIME AWARD OF 25%. I went through the procedures of mandatory reconsideration etc. and now I am appealing against the decision and awaiting a tribunal date. On receiving my whole medical file for IIB I cannot see anywhere that DWP have asked MP to reconsider my award by increasing it. DWP are implying in their referral that I did not get IIB award and would the new medical advice change this decision. From undergoing a 50 minute medical followed by a 12 page report decision on a FINAL LIFE TIME AWARD OF 25%. The new HP states in her 6 line memo - "The client has diagnoses of lupus, rheumatoid arthritis, chronic back pain, frozen shoulders, hypothyroidism, asthma osteoarthritis, primary biliary cirrhosis, eczema. The index accident of 29/12/00 caused a soft tissue injury to the back. It was a low impact accident the effects of which are likely to have resolved by now. The ongoing symptoms the client is experiencing are likely to be due to the constitutional conditions (RA, osteoarthritis). Therefore the new evidence change the advice given on the 12/12/16 and no ongoing loss of faculty is advised".
It is not clear whether DWP sent HP my report of 12/12/16 where it states FINAL LIFE TIME AWARD or even my SCSC1 form and 3 page letter explaining why I felt I should have an increase in the award.
Does anybody know where I stand if DWP have not made it clear to HP what I am appeal against and whether I need to advise the tribunal of this important information. After all I am only asking for an increase in the FINAL LIFE TIME AWARD GIVEN and nothing else.
Can anyone recommend what I need to do now or how to prepare for tribunal case. I am still awaiting the tribunal hearing date.
Many thanks in advance if anyone can kindly help with this. Thank you
Since 2002 I have been receiving IIB with regular reviews. In 2011 I was given an award of 30%. At my last review on 12/12/16 the Health Professional (HP) decided on a FINAL LIFE TIME AWARD OF 25%. I went through the procedures of mandatory reconsideration etc. and now I am appealing against the decision and awaiting a tribunal date. On receiving my whole medical file for IIB I cannot see anywhere that DWP have asked MP to reconsider my award by increasing it. DWP are implying in their referral that I did not get IIB award and would the new medical advice change this decision. From undergoing a 50 minute medical followed by a 12 page report decision on a FINAL LIFE TIME AWARD OF 25%. The new HP states in her 6 line memo - "The client has diagnoses of lupus, rheumatoid arthritis, chronic back pain, frozen shoulders, hypothyroidism, asthma osteoarthritis, primary biliary cirrhosis, eczema. The index accident of 29/12/00 caused a soft tissue injury to the back. It was a low impact accident the effects of which are likely to have resolved by now. The ongoing symptoms the client is experiencing are likely to be due to the constitutional conditions (RA, osteoarthritis). Therefore the new evidence change the advice given on the 12/12/16 and no ongoing loss of faculty is advised".
It is not clear whether DWP sent HP my report of 12/12/16 where it states FINAL LIFE TIME AWARD or even my SCSC1 form and 3 page letter explaining why I felt I should have an increase in the award.
Does anybody know where I stand if DWP have not made it clear to HP what I am appeal against and whether I need to advise the tribunal of this important information. After all I am only asking for an increase in the FINAL LIFE TIME AWARD GIVEN and nothing else.
Can anyone recommend what I need to do now or how to prepare for tribunal case. I am still awaiting the tribunal hearing date.
Many thanks in advance if anyone can kindly help with this. Thank you
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- Gordon
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6 years 8 months ago #194847 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Industrial Injuries Benefit (IIB)
Jenny
I'm afraid we do not deal with IIDB on the forum, what I can say is that I would not expect the DWP to have involved the HP again as part of your appeal, it's now down to the Tribunal panel to look at all of the documents involved in your claim and make a Decision on the issues that you have raised.
Gordon
I'm afraid we do not deal with IIDB on the forum, what I can say is that I would not expect the DWP to have involved the HP again as part of your appeal, it's now down to the Tribunal panel to look at all of the documents involved in your claim and make a Decision on the issues that you have raised.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- sally-jane
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6 years 8 months ago #194875 by sally-jane
Replied by sally-jane on topic Industrial Injuries Benefit (IIB)
Re your IIB.
Remember IIB are only relevant to injuries or disease for IIB and nothing to do with any other illness etc even if contributory due to having an disease or injury. IIB due to work only, an not to do with ancillary illnesses/disease etc.
Arthritis can have an adverse effect on IIB as it can reduce a claim.
Be careful as you really risk the fact of losing the 25%
This award is very different to ESA/PIP and its reasoning, please get proper advice re IIB tribunals
Remember IIB are only relevant to injuries or disease for IIB and nothing to do with any other illness etc even if contributory due to having an disease or injury. IIB due to work only, an not to do with ancillary illnesses/disease etc.
Arthritis can have an adverse effect on IIB as it can reduce a claim.
Be careful as you really risk the fact of losing the 25%
This award is very different to ESA/PIP and its reasoning, please get proper advice re IIB tribunals
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