Help! I am helping a client with an appeal for IIB and I desperately need to know whether it is possible to appeal the period of sickness. My client was deemed as ill for an 18 month period and claimed the benefit more than 3 months after this date - therefore IIB accepted she had a valid claim but because she claimed more than three months after the period of sickness ended, they said she could not get the benefit. However, our argument is that she is still unwell, therefore the period that they have stated she was unwell is incorrect and she should have a valid claim as the three month rule would therefore not apply. So, basically (!), can we appeal on the grounds that the period that they deemed she was sick is incorrect?

I've certainly argued on period of sickness for DLA. This was in a case where they argued claimant was not ill for a long enough period to satisfy forward qualifying period. I argued both on start date of period he required attention and supervision and also that this was needed after the end of treatment. Appeal was successful and I can't think of any reason why you could not use a similar argument for IIDB. Medical evidence would obviously be helpful!

As I see it, if a claim has gone in for IIDB and the claim form has not stated the length of time that the illness has lasted (ie does not confine you to a time period)and the decision of that claim has then determined the length of time that the illness lasted. Then this is appealable in the same way that the percentage assessment is appeable. A tribunal can re visit the whole decision.

Your question is not overly clear as I am a little confused as to whether the claim went in 3 months after the 18th Month of assessed illness. I am assuming that is the case. When you mention the 3 months rule, are you refering to the 90 day rule or 3 month automatic backdate.

Either way if there was a single decision that determined degree of disablement percentage and time period that this should run for, it will all be up for grabs at an appeal.