client had an indefinite award of HRM since 1996, l-t ICB also which was reviewed this year and stopped on score of 9pts.

we successfully appeled the ICB decision, paymetn is back on and continous however.... (dramatic music)

the PCA giving 3pts for walking was issued to the DBU, i confirmed this prior to the ICB appeal. nothing was heard nutil cl got a decision stating DLA now cancelled. checked with DBU, only evidence used was PCA

noww havee the submission ofr this appeal, PCA content was referrred to DLA med services and c of c decision made against client - at no time was he invited to provide information

recent specicialist referral gives us a good chance of obtaining supportive evidence for the appeal, can we also challenge the validity of the supersession?

A differnet medical opinion does not constitute a change in circumstances so there are no grounds to review the decision. Therefore you are right to challenge the supersession decision.
(what a stupid word - "supersession")

Commissioner Willliams in CDLA/2998/2003 considers the issue of the use of a PCA medical report as evidence in DLA appeals.

*update*

DLA claim has now been to tribunal - lost - and OSSC - leave to appeal refused

at the DLA tribunal in Nov - chaired by the same memeber as the earlier ICB appeal - the chair held the content of the PCA to be accurate, 400m walking ability, and clients evidence to be contradictory

- client won ICB appeal on grounds other than walking, 400m (3pts given in contested PCA) was apparently not considered at ICB appeal -

i got the SofR and sent case to OSSC on grounds of a conflict in thee alleged diastance client stated he could walk at the hearing and whetehr it was fair for the same member to sit both hearings.

Comm Jacobs held that trib were entitled to decide the distance they preferred based on evidence before them - fair enough

Also that as ICB appeal was successful chair could hardly be seen to be prejudiced against DLA appeal

the final point i made was regarding thee lack of oppurtunity given by my client to present evidence prior to the SoS decision to stop benefit, this was answered as follows

"it is true that you had no chance to submit evidence before that decision was made, but you had and exercised the right of appeal."

i have since spoke to the local JC+ about this issue as i have had a number of similar cases involving client's with HRM indef-period awards since mid-90s. the local officer states it is normal for failed or even successful PCA reports to be issued to DLA as their new LIMA system means DLA have access to these reports anyway

she would not confirm or deny if there is a "practice-direction" from higher up and it appears to me at least that there is some degree of "cherry-picking" which claimants are targetted.

whilst we have the option to challenge the supersession Comm Jacobs appears to be clearly stating that it is fair of the SoS to act in this way given that any decision holds appeal rights

is this happening nation-wide?