Help with Tribunal please

My daughter failed in her attempt at getting Industrial Injuries Benefit after being assaulted by a patient at work.She was examined by an ATOS person and the half hour interview included a less than 10 minute physical.
She then attended an ESA interview and after a medical part lasting around 20 minutes she received confirmation she was being awarded the ESA.
She is appealing at a tribunal on the grounds that the first person did not understand the problem or give an adequate examination. In fact, he reported that he could not assess a couple of things because of her physical condition, both movement and pain.
He also said she was 15% disabled but reduced it to 10% because of a pre-existing condition.
Does anyone have any advice for us please?
Thank you.

To get Industial Disablement Benefit you need 14% and you have 10%.

When assessing for IIDB the Doctor is looking at loss of faculty meaning loss of power or sensation and gives a percentage accordingly.

The pre exisiting condition is a condtion that already exists and the Doctor has noted this and any other conditions you might have this is normal procedure.

I have just had IIDB for osteoarthritis of the knees and was assessed at 35% but this was offset by 25% because i have a pre exsisting condition to my right leg (Club Foot)so ended up at 10%.

The Doctor noted the loss of faculty was painfull and resticted movements same as your daughter.

You dont say what your Daughters injury was so i cant give an opinion on the percentage that was given,the only thing i can say is that alot of ex Miners who applied for IIDB of the knees also seemed to end up with this 10% bearing in mind that you need 14% to get the benefit (strange that).

If you decide to appeal you need to get help from the Welfare Rights or will the union rep at work might help with the appeal.

Another tactic that is used is wait for about a year then put in for it again on the grounds that there has been a change of circumstances (the condition has got worse)

You have nothing to loose by appealing as you have only 10% and need 14% and your adviser could attack both the percentage given and the offset given for pre exsisting condtion.

If you need any more help feel free to use this forum.

Hi Peter,

You can find out more about IIDB on Patient UK Industrial Injuries Disablement Benefit

There's also some good information on IIDB on Coventry Law Centre's website
HERE

However, the law on IIDB is extremely complex, so you really need 'face to face' advice from a welfare rights organisation or solicitor who specialises in
this field.

If you contact Community Legal Advice they should be able to put you in touch with an adviser in your local area.

Good luck.

Jim

Thank you all for your replies. I will do as you suggest.

Regards

peter

peterbee wrote:

Thank you all for your replies. I will do as you suggest.

Regards

peter

Hi again thought i might add that you should ask for a copy of the Doctors report regarding your claim.

Once you have this it will give an idea of what has been said and an insight of how it works.