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TOPIC: industrial injuries

industrial injuries 6 years 6 months ago #54082

Hi there,

I did try to get on the messaging board thing but dont know how so i am asking the question direct.

I am in receipt of the following DLA at both parts at the high rate and industrial injuries at 24% my DLA was increased in January as my condition got worse. It has been increased on the care and the mobility part, yet when I applied for the industrial injuries to be increased it only went up from 15% to 24% saying there wasn't much change. I am appealing but how can two parts of the same department increase it from low to highest and the other being industrial injuries hardly increase it at all?

The medical I had for the IIB was far from good i was very down the day it was done and wasn't asked half the questions i was suppose to. My husband came with me and was asked if I had got any worse he told them I was a lot worse but the EMP report says I haven't got any worse. There is no mention of my husband saying I was getting a lot worse, also half the stuff I cant read it is way too tiny to read. I was told that he wouldn't do a physical examination as he could see I wasn't up to it which I wasn't, but I cant read the report to see if that's what he wrote.

I did put my reason for appeal was I didn't think the EMP had done a proper job (using your site for guidelines). My doctor sent a report to the DLA mobility part stating I had got worse so have it on record in there department things are more than twice as bad as what they were. When i got given 15% my medication is higher and I can do a lot less now than then. If the DLA mobility and carer can see that, how come the IIB people cant see that. They are all part of the DWP so they must have access to all my reports. I received a letter a few days ago from the IIB saying my case would go to appeal, but wont be heard until at least aug. This seems highly unfair this has already been going on since early dec 2010.

I also have an independent medical report (I had to have it as I am suing over the accident at work that caused my injuries and illness/disability) that state all that is wrong with me. Is it worth writing back to the decision maker requesting reconsideration of additional evidence ie the report sent to dla of my doctor, and the independent report plus the decision from the DLA about my increase from low rate to highest rate, or should I just wait for an appeal date?

The people at medi-services who arrange the medicals have asked me to make an official complaint but I don't want anyone getting in trouble. I never got in contact with them as the industrial injuries people forwarded without my consent my letter I sent to them and they contacted me.

Along with other physical conditions I suffer from ME end this is really wearing me down. I don't know what to do anymore, so can you help and are the procedures for an IIB appeal the same as one for DLA? My memory isn't the best at most times because of medication, but this lot is just confusing me even more can you help me with any of this mess please?

Thank you
Gail

Modedit: Moved to Questions Forum. Gordon
Last Edit: by Crazydiamond. Reason: Paragraphs added for clarity.
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Re:industrial injuries 6 years 6 months ago #54123

Unfortunately we do not deal with Industrial Injuries Benefit in the forums.

As Moderators our area of expertise is in relation to disability living allowance, attendance allowance, the personal capability assessment used in connection with incapacity benefits, and the work capability assessment used in connection with employment and support allowance. So those are the only subjects on which we can provide reliable information.

All we can offer is general information about how the system works. However, we cannot offer advice to individuals about a specific benefits problem under any circumstances. To give accurate and reliable advice about a specific benefits problem, we'd need to know a great deal about your income, savings, health, household arrangements and more. To give advice without all this information would seriously risk misinforming you.

If you need specific benefits advice, you can download our FREE, 12 page guide to getting help with your benefits.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:industrial injuries 6 years 6 months ago #54139

The two benefits have different sets of criteria and are treated differently.

You can ring up the IIDB unit and ask for a typed transcripted of your medical report which they have to send you.

The amount of Industrial Disablement depends on the percentage disablement that the injury or disease causes. A claimant does not have to be unable to work, but does need to be assessed as at least 14% disabled to receive anything - except for sufferers from pneumoconiosis, byssinosis and mesothelioma.

Some injuries (loss of body parts) have a fixed percentage. Anything that does not carry a prescribed degree of disablement (e.g. most diseases) is given a figure by the BAMS doctor, which should reflect the relative values on the prescribed list. The decision of the doctor is reviewable by another doctor/board of doctors or appealable to a Tribunal. Other evidence can also be considered apart from the medical.

An assessment of 14 to 20% will be rounded up to 20%. Above 20%, the assessment is rounded to the nearest 10%. Assessments can be provisional or final, and made for a fixed period or life. The assessment can be reviewed if the claimant thinks it is wrong, the time limit is wrong or there is “unforeseen aggravation” of an injury or “recrudescence” (i.e. a new attack) of a disease.
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Re:industrial injuries 6 years 6 months ago #54146

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Re:industrial injuries 6 years 6 months ago #54224

Thank you for the info. Very helpful. Cheers.
Last Edit: by Crazydiamond. Reason: Reproduced in lower case.
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Re:industrial injuries 6 years 6 months ago #54702

  • peterjclive
Hi Gail,
This is my first posting on this site. I have been a full time carer for my wife for 5 years. She has a neurological condition and a prolapsed disc in her spine.
The same thing happened to my wife last year. She was treated very badly at the medical. They said that her back condition had not deteriorated from the 24% that they originally awarded but we said it had got worse. The medical was not done correctly, my wife is a nurse and she knew that the examination was not thorough.
I made a complaint to Atos and threatened to take them to court. We also applied to the Tribunal. My wife's neurologist provided a report which stated that her back condition was worse and an MRI scan proved that her condition was worse. Atos totally ignored this. At the tribunal the panel of 3 people were very kind and understanding and within 10 minutes concluded that my back was worse and awarded my wife 35% disability. This increased the payment from £40 per week to £58 per week.
The 24% that you were awarded from 15% fall in the same band for payment. It is nothing to do with your condition it is to do with money.
Atos solicitors threatened that if I went to court they would make me pay costs. I told them that the threat did not worry me as I knew we were in the right. We were then supposed to go to an independent examination about her back. Unitl I found out that they were being paid by Atos and were therefore not independent. I suggested to the solicitors that as the costs would be £250 that they pay this to my wife in compensation for her distress, This they did.
Do not back down and don't let them bully you. I am willing to help you with this. Take care and get in touch if you need help.
Peter
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