I am confused and need a quick answer as I have appeal Tues and very busy tommorrow, my first day back after a long Xmas break. I knew I would pay for taking such a long one!
Cl underwent spinal fusion 03/05 after 2 years sick. Failed PCA Jan 06 and did not appeal losing entitlement to IB. On visit to specialist 06/06 was advised not to do any work as set back in recovery noted. Cl subsequently submitted sick note from GP unfortunately 3 weeks within 6 month period. Refused as same condition. Cl appealed then later came to me. I am aware we need to prove a worsening of condition and I am confident of this as I have a good letter of support from specialist but will the PCA be applied at tribunal or can I argue this is not required. Or, will I be better off having this applied at tribunal to save cl having to attend one pretty soon, as I am sure will happen if appeal awarded. Does this make sense? Any advice would be appreciated as I must have emptied my brain cells into the bin with the Xmas wrapping paper.

If the Tribunal accepts a deterioration then it can apply the PCA. The consultant's letter would make an excellent case for Reg 27 even if they can't find the points.

Brigid

Surely the only issue is whether there has been a significant deterioration in health (or a new condition). Once this is accepted the PCA should be deemed to be satisfied until he (or she) is eventually assessed.

If you have a Vol 1 regs book the commentary indicates Pca will be relevant

Sorry! Should have said commentary to ICB Reg 28

I've been thinking about this one - it is (just) not too late to make a late appeal on the Jan 2006 decision if the consultant's letter could be said to cast any light on the claimant's condition at the date of the PCA itself, as long as you can give a sensible reason why he didn't appeal at the time. The letter itself if it only arose alter could show that there is a reasonable prospect of success and that there is important evidnece which only came to light after the expiry of the normal appeal time. Reg 27 still looks like a runner to me.

Brigid

Thankyou for your replies. In answer to Brigid - The specialist letter did not support a late appeal as it referred to a significant worsening after the PCA. But thankyou for the interest.
I understood that showing a 'worsening' was the issue regarding the appeal but was worried whether requesting the PCA be applied was a good idea or not. Or, if it would be done anyway. As it happens the chair was equally confused and delayed the start of the appeal to ring the DC for advice. He voiced all the concerns that I had and showed an interest in my views. The appeal was allowed, based on the 'worsening' and then the PCA applied and neccessary points gained.