IB medical without IB50 questionairre

The person Im talking of has been on Incap for sometime Derek so I assume they have a stockpile of information on her case: but as you say were she found fit for work surely there would be grounds for an appeal there. Just something I have never come across before I always get an IB50 and then wait to see if I am called in but due to the severity of my injuries I never have been. Its a strange thing but she says the same process occured two years ago when she lived in a different area too so must be more common than we might think

DepressedDerek wrote:

Hi Helchis

I can't find anything definitive in legislation.

According to the Incapacity for Work Regulations the DWP are entitled to make a decision without requesting information from the claimant if they already have enough information. However, I believe this refers to making a decision that you are incapable of work. I would be at a complete loss to understand how they could have enough information to decide that you are capable of work, without even asking for information about your disability.

It could possibly be an administration error. I would advise anyone to appeal an adverse decision if they were denied the opportunity to complete an IB50.

Regards

Derek

You say no you can think of no case where there is enough evidance to say fit for work without getting more evidance

I am 88% sure there was an area where they carried out an audit of everyone signed off by one dr a look through his sick notes gave all sorts of weired names for the illness his customers had

but on having a deeper look you had pilles tennis elbow flat feet and even warts

will do a search on google .... I amsure the Daily Mail will have covered it

However large the stockpile of information, none of it will be up-to-date unless she fills in an IB50, and therefore irrelevant on appeal. The DWP would just have a flimsy IB85 report, and no evidence of what descriptors she claimed.

In fact, the medical report states whether the ATOS doctor agreed or disagreed with the claimants claim for physical descriptors on the medical questionnaire, so I can't even understand how they could produce an IB85 without an IB50. I don't think they know what they are doing.

Just a thought, but I do know in some parts of the country ATOS are way way behind in carrying out PCA's.

I am aware of a few cases where it is over a year since an IB50 was submitted and still no notification of either a PCA or exemption etc. The IB just carries on being paid.

Could it be possible the person to whom the OP refers did actually fill out an IB50 so long ago that they have forgotten about it and are only just now being called for a medical?

Pete

Knowing the person as I do Pete yes: thats entirely possible.there was somethign a little wierd about her whole story to be honest and maybe she did get it wrong and had recieved an IB50 ages ago. Nothing surprises me any longer though.

I have to admit that I never thought of that. It would be interesting if somebody with a broken leg filled in an IB50, and two years later walked into the medical centre, and told the ATOS doctor that he just successfully completed the London Marathon.

Claimants are legally obliged to inform the DWP of an improvement in health immediately, but the DWP are happy to fire out IB50s without due consideration as to when they will be ready to carry out the medical assessment.