Variability of condition (IB)

Hi. Got a tribunal hearing next week and need some info please.

I worked for 26 years before developing a herniated disc in my lower back a few years ago. My condition has settled somewhat and varies from being able to manage light tasks to not being able to move around or get out of bed.

On my better days I can sit and stand for over ten mins or walk a few hundred metres without too much discomfort, but doing so will usually cause me severe pain a few hours later or the next day, and render me immobile, probably because the activity agrevates the condition which causes the disk to become inflamed and press on the nerve. I then suffer with pain and discomfort for up to a couple of weeks before it settles down again.

I read somewhere that to be fit for work you have to be able to perform the required tasks regularly in a work environment, not just on the day of the medical. Can anyone advise me or point me in the right direction to clarify this so that I can take the information to the tribunal.

I did tell the medical examiner that I can't sit or stand for over ten mins without causing problems later in the day. In his report he stated that I can sit and stand for over half an hour without problems.

There were also other answers that have been totally switched around to suit them. Why do they make false statements or twist the facts - are they on a bonus or have targets to meet for passing you fit for work?

Thanks. Gary

In the Incapacity resources section, if you refer to the Incapacity Benefit Handbook for Approved Doctors guide, it explains at paragraph 3.1.9 how variable conditions should be approached from an EMP's perspective for the purposes of the PCA. It can be accessed by following this link HERE.

There are also many Commissioners' (now UT Judges) decisions on variable conditions which are mentioned on the Disability Alliance website at paragraph 7.15 HERE.

You could use the search facility at the top right corner of the B & W website page, to see if any of the quoted Commissioners' decisions are available?