I have a client who filled in an IB50 on 9/6/08 and put on there that he was due to have 'an operation on my right elbow to try and find the cause of the pain in my right hand and wrist' on 8/7/2008. Despite this he was asked to attend a medical on 27/6/2008 which he then failed on points, despite telling the doctor that he was due to have surgery. The DWP decision maker is arguing that the operation is irrelevant as it is not either 'a major surgical operation or major therapeutic proceedure' and that there is no evidence that the proceedure made the situation worse. Does anyone have experience of a similar situation or any caselaw tips. I have picked this up at appeal listing stage as the client has moved into our area. Thanks

There is some guidance on page 762 vol 1 of the social security legislation (CPAG).

CIB/14667/1996. In essence, it says that one must give the ordinarly everday meaning to the use of the words 'major' and it is generally for the DM to decide what is major or not (but of course a tribunal may reconsider). In the case before the Commissioner the claimant had arthrolysis (the surgical restoration of mobility in ankylosed joints (thefreedictionary.com) on the non-dominant left elbow and this was not a major operation. This op sounds a little more serious than the exploratory surgery done on your client...?

What is described here sounds as if it might be an arthroscopy, more often done on knees and shoulders, as a form of keyhole surgery to have a good look inside. How long was he in for and was it done under a general anaesthetic?

Yes it was done under general anaesthetic. Client was supposed to be in overnight but was allowed home at about 10pm. Op relieved some of pain in wrist but has caused added issues with elbow where he cannot now lean on it or bear any pressure on it. Still cant straighten arm