IBN50 and mental health issues

Back on 20th July 2006 my wife Jane won her appeal against losing her incapacity benefit blocked in January after she underwent a physical exam by a doctor in France. It had been decided that she didn’t qualify for a mental health test – even though the reason she was receiving Incapacity Benefit was because of various mental health problems preceding and following a severe aneurism.

At her appeal she was taken through the mental health test and scored 12 points and her benefit was reinstated. Now she was been sent a form asking whether her circumstances have changed and also to fill in an IB50. It looks like a repeat of what happened before. She is being asked about her physical state with no reference to her mental health, which is why she was receiving the benefit in the first place. I would appreciate any advice on whether she should she fill in the forms or what to do?

I'd say send in information attached that shows how she meets the mental health descriptors, since you can send in extra information even if they've sent you the right form.

Hi Janiebaxter

An IB50 contains questions for both, physical and mental health. As long as she states all her conditions on the form, I understand that the HCP will have to apply the appropriate test(s).

It's sadly quite common for ATOS to not notice medical conditions on a claimant's IB50 when producing the medical report, but I've never heard of them not even applying the right test before now!

Good luck

Derek

Thanks - I guess you mean fill in the IBN50, and attach a page detailing the mental health problems that won her appeal. What bugs me is that they arbitrarily decided she didn't qualify to take a mental health test before her appeal last time and sent her for a physical exam. It was only at the appeal and prior to us seeing the panel that I gave them in writing the injustice of her not having the mental health test and they did it on the spot and, in fact, couldn't have been more sympathetic.

Now, It seems to me, that by sending her the form IPC 130 ... have your circumstances changed etc and the IBN 50 they are following the same route so I feel very conscious that's it's important not to be put a foot wrong at this stage !! - or am I being paranoid here ?

Well thanks Derek. Truly amazing.They insisted she didn't qualify for the mental health test - despite detailed letters from her gp, and medical specialists about her history of treatment and state on mind !!

Hi Janiebaxter

Take a look at page 93 of the DWP Employment and Support Handbook in the ESA Resources . It states:-

The mental function assessment should be applied in all cases where a specific
mental disease or disability affecting mental function has been diagnosed or
when there is a condition, whether mental, physical or sensory, resulting in
apparent impairment of cognitive or intellectual function.

Your wife could try wording the form so that even a complete idiot would realise that a mental health assessment is required.

Derek