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Top Disability related benefits topic #726

Subject: "IIDB - Comparable disease" First topic | Last topic
Giala
                              

Adviser, Thornton Heath CAB
Member since
12th Feb 2004

IIDB - Comparable disease
Thu 16-Sep-04 08:12 AM

A client has been awarded IIDB for a shoulder injury. The percentage was awarded based on a comparison with the schedule for an 'ankylosed shoulder'. One doctor indicated this was 40%, and so awarded the client 18%, while a subsequent doctor used the same comparison but gave a lower figure of 20% and awarded the client 15%. Where would they have found the percentage for the ankylosed shoulder? I've looked in all the obvious places, I think.

  

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BRIANO
                              

welfare rights officer, barnsley welfare rights
Member since
06th Aug 2004

RE: IIDB - Comparable disease
Thu 16-Sep-04 09:21 AM

You won't find a "percentage figure" for ankylosed shoulder. The only percentages for disablement fixed in legislation are in Schedule 2 to the Social Security (General Benefit) Regulations 1982.

The figures given in the 1982 Regulations are for disablement due to loses of various bits of the body or deafness, loss of sight etc..

The D.W.P.'s "Industrial Accidents and Presribed Diseases and Injuries Medical Assessment Framework" states in the opening paragraph to the section entitled "Assessment of Disablement":
"The assessment of the individual is made by comparing the person with a person of the same age and sex whose physical and mental condition is normal."

"Prescribed degrees of disablement for certain condition are laid down in the Reulations. (The 'Scheduled assessments' or 'Schedules').

"When advising on the assessment of disablement not covered by the Schedules the doctor will endeavour to equate the disablement to the Schedules."

There is nothing in the 1982 Regulations which gives a percentage for an ankolysed shoulder.


  

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Top Disability related benefits topic #726First topic | Last topic