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I have an appeal to Commissioner. Client failed a PCA in 2003 but following an appeal was awarded Incapacity Benefit.
He again appealed a decision to disallow in 2008. One of errors of law raised was that client had reported deterioration in IB50 yet the panel had failed to consider the previous award and explain why it made the decision despite the reported deterioration.
(CIB/4232/2007 Deputy Commissioner Ovey held that the tribunal had erred as it had not expressly addressed, in a case where the claimant was complaining of additional health problems since his last assessment, why he no longer satisfied the personal capability assessment.)
Dept made the interesting response that as the previous award was following an appeal there is no additional medical evidence relevant to the decision and use CIB 103/2001 to argue that as the previous award was not based on a passed PCA it was not relevant for the tribunal to consider it.
I would still consider there is a lot to argue that the previous award and papers should have been consulted or a sentence to explain why despite the reported deterioration the appeal was not allowed?
I just wanted to know if anyone else has come across anything similar or wanted to post comment.
Thanks
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