IB assessment used to make decision on DLA

I know this is a subject we’ve discussed before but have had some thoughts: - i’m currently preping a sub where the doctors report from the IB medical (30 minutes for both physcial and mental health descriptors) has been used to make the decision on the DLA to refuse both components.

The IB decision arising from this report was also appealed and overturned on reconsideration - we pointed this out in the appeal for the DLA and the DM has come back with the quote; “The health care professional’s opinion is an independent and expert assessment….....”

I’m arguing that the report in no way addresses the criteria for DLA well enough but am wondering whether i should be questioning the part of the quote where the DM states the health care professionals opinion is “expert.”

What do you think they mean by this?  Are they saying this particular professional is expert in the field of my clients disabilities or expert in conducting the examinations for IB?

Also would anyone else ask for the information as to why the IB decision was overturned without need for a Tribunal to be included in the papers?  Is this relevant?

Any thoughts anyone may have would be welcome.

The commissioner in CIB/4232/2007 said, obiter, that the sentence “the doctor is an expert in assessing disablement for the purposes of Incapacity Benefit and he clinically examined the appellant and addressed all matters of fact and opinion relevant to the issues” has “the air of a mantra…”

I would certainly want sight of the information and reasons used to revise the IB decision in order to decide whether they had any use as evidence for the DLA appeal.

If I manage to get an IB/ESA appeal revised before hearing I always request a copy of the DM’s decision, so I know the reason why it was changed for future reference and I can use it for a DLA revision request if needed (as we often do).
Also you need to point out where the IB report does not address the DLA criteria and provide as much specialist medical evidence as possible to counter the IB report.
Ive had many many of these, some where clients have been severely disabled (getting IDB 80% life awards!)
Good luck.

I have just had a DWP response that is quite similiar. DLA was turned down on the basis of a PCA report of a 20 minute interview nearly 2 years prior to the date of the DLA claim. I assume that the DM’s are under pressure to churn out turn downs wherever there is a PCA/WCA that suggests a nil DLA entitlement. Perhaps someone in the DCS could follow the whistleblowing example of their colleague in the JCP who alerted the Guardian to the tricks used to sanction JSA claimants.

Just appeal with plenty of evidenceI suppose. I would not like to hazard a guess on the usefulness of taking this up as a policy point.

What irritates me is the double standard. DM’s are quick enough to use the ‘DLA and ESA are different benefits’ argument when it suits them but not when it doesn’t. Example:

Client comes in for help with ESA appeal. During interview I identify potential DLA entitlement. Client claims DLA- refused, based on WCA assessment. I appeal, in part on basis ESA & DLA are different benefits. DM doesn’t accept WCA report isn’t relevant to both benefits. ESA decision is revised prior to appeal (or appeal is listed, heard and succeeds). I notify DCS. DCS refuses to revise DLA decision on basis ‘ESA & DLA are different benefits’, etc. Talk about having your cake and eating it.

expect this to get worse then the increase in the number of wca medicals starts to coincide with renewals of dla.

this will also casue problems with sdp’s and carers as well.

I appreciate all of your responses - thank you.

Have done the sub and argued everything - it’s quite a long one! I’ve also requested the DM decision in the IB appeal.

Thanks again.