IIDB - mental impairment

We have a client who was assessed as having 20% disablement following an accident at work in Nov 92.  The client has appealed the decision and we have good evidence from his psychiatrist, GP etc.  The difficulty is establishing what percentage we should ask the tribunal to consider as the guidance is all physical - ie loss of limbs, sight, hearing etc which does not apply.

Does anyone have an experience of this or knows of any comparable physical to mental disablement %?  Or any relevant case law?The client receives HRC & LRM DLA for his mental health problems.

Thanks

Unless it is in the ‘prescribed degrees of disablement’ (e.. loss of limb, etc.) then your disablement is accessed by comparing you to another person of the same age and sex whose physical and mental condition is normal.  Other circumstances (e.g. loss of earning power) are ignored.  The provisions can be found at Sch 6 (1) SSCBA 1992.  the Sweet and Maxwell law book has a nice commentry on the subject, if you can get your hands on it.

If there is no set level of disablement then you can refernence the prescribed percentages to support you claim.  If your disablement effective has the same result as a loss of a limb for for example there is no reason why you cannot ask for an award at the same level, the DM/Tribunal will however reach there own decision.

I note that the accident appears to have been some time ago, i don’t know if this is the case, but if the cleint is asking for an award to be changed you need to be wary that the change is not due to natural causes.  I’ve seen awards taken away were the Tribunal has decided that the problems are no longer a result of the accident but are congenital in nature.  Back injuries are a prime example.  If this is the case then you should make you client aware of the risks.

DWP used to publish a Medical Assessment Framework which offered guidance for these situations.  The MAF always was somewhat discredited but it was better than nothing.  MAF has been removed from the DWP website.  Do any colleagues still have a copy that would help Joanna out?