Incapacity Benefit stopped after medical

Hi
I have just had my medical and my IB has been stopped as I only got 13 points.
I have Rheumatiod Arthritis and believe that I should not have been subject to PCA as it is inflammatory polyarthritis.What makes it worse is I just had surgery on my right shoulder which I informed the doctor of at my medical!
I am going to appeal but wondered if anyone had any information on having to do the medical and PCA with a potentially exempt condition and recent surgery.

sukara wrote:

Hi
I have just had my medical and my IB has been stopped as I only got 13 points.
I have Rheumatiod Arthritis and believe that I should not have been subject to PCA as it is inflammatory polyarthritis.What makes it worse is I just had surgery on my right shoulder which I informed the doctor of at my medical!
I am going to appeal but wondered if anyone had any information on having to do the medical and PCA with a potentially exempt condition and recent surgery.

As preliminary submission, you can argue to the appeal tribunal that you consider that you satisfy section 2(e)(iii) of the The Social Security (Incapacity for Work) (General) Regulations 1995. .

If the appeal tribunal accept the submission, that will be the end of the matter. If not, you will have to persuade them that you satisfy the PCA under the normal procedures.

Insofar as your recent surgery arises, if you are not considered to be exempt from the PCA, you will need to convince the appeal tribunal that it should have been taken into consideration, if it (still) restricts your capability and as a result, you may satisfy further descriptors.

This is the problem many members are finding that Atos appear to be circumventing the IB Regulations with impunity!!

Thanks for your advice.I am basing my appeal on the fact that I should not have been subject to the PCA . But I am also disputing their scoring as well. Will have to see how it goes.

sukara wrote:

Thanks for your advice.I am basing my appeal on the fact that I should not have been subject to the PCA . But I am also disputing their scoring as well. Will have to see how it goes.

Hi,

Just for information Crazydiamond is a former DSS Adjudication Officer, now of course called Decision Makers under the Dept of Work & Pensions (DWP), so his advice is second to none.

Good luck.

Jim

It should be noted that the wording of the Regulation cited above is importnat in that with respect to polyarthritis then the arthritis should be an active and progressive form of inflammatory polyarthritis. Note the words active and progressive here ergo if your form of arthritis isn't active and progressive then you would not satisfy this condition.

However the above may be all academic as Atos seem to be ignoring what the law has put in place with respect to IB.