I recently represented a client at a IB appeal, the client failed his PCA and was awarded 12 points. The client is alsom in receipt of HR Mob DLA.
The appeal was not allowed, however in the short decision nothing is mentioned about why the IB appeal failed only that the chair is recommending that clients HR Mob of DLA is looked at, I have not received the full decision notice. Can I ask for the decision to be set aside

I would wait until you get the full Statement of reasons and the record of proceedings - between the two you should then find the reasoning behind the Mobility recomendation. In the meantime, I assume the medical report was not helpful on the subject of mobility...I also assume that the client did tick the right box relating to mobility and walking distance on the original
form...and of course one has to ask whether or not the client's condition has improved or is it a progressive condition ?

Your client can make a fresh claim for ICB while you request the full written staement from the Chairman. If your client's condition has become worse since the appeal or a new medical problem has occured, then the frsh ICB claim should be accepted. Is there income support involved? What are your clients circumtances?

Your question asked specifically about getting the decision set aside, rather than appealing it. Grounds for set aside are quite restrictive: Chair thinks that it is "just" to do so, and, appellant or rep. either failed to receive relevant documents in time for the hearing, or did not attend the hearing.(D&A Regs, reg.57.) The decision can also be set aside on an application for appeal to Commissioners if there is a clear error of law.

Refusals to set aside are not appealable, and you must make any request for set aside within a month of the decision notice.