How do I challenge an Industrial Injuries Disablement Benefit decision?
If you disagree with the decision made on your benefit claim you can ask for a written statement of reasons, this will explain their stance on the matter, if you still believe the decision is wrong then you can ask for it to be looked at again, and/or appeal.
The time limits are strict, you will usually be given one month to dispute a decision, so it is important to seek advice and act quickly.
At Lestons we would always suggest getting a second medical opinion and seeking advice, the reason for this is mainly value. (rates as of June 2021)
The total award for being 30% disabled, for 3 years would be £54.60 (£/wk) x 3 (yrs) x 52 = £8,517
Total award for 40% for 5 years £72.8 (£/wk) x 5 (yrs) x 52 = £18,928
It is because of this variance, and the fact that third parties such as medical experts are involved that we would politely suggest that this is one area where you should take professional advice, some of the DWP’s experts take the change in mobility etc from their medical state before the accident, however the guidance states it should be based on a fit, healthy person of the same age and sex.
Decision Makers (and Tribunals) have a degree of freedom to take an individual’s circumstances into account, they can take a more individual approach considering how the accident affects you personally and if appropriate that it affects you more than the “fit person” datum.
As a general rule we would act for you in the following ways:-
- Help to prepare all the evidence you need to put your best case forward
- Appoint medical experts to help obtain this evidence
- Negotiate (if you consent) to meeting with officials to try and get you a better offer without going to a tribunal
- Research the laws that could be used in your favour
- Prepare a written statement/reports to send to tribunal ahead of the hearing
- Physically represent you at the appeal
- Explain how the situation has a more detrimental effect than the “fit person” datum.
- Seek the maximum benefit, or combination of benefits to increase the value and duration of your claim.
- Advice on bringing a civil action against the employer for the accident in the first place.
Our appointed experts take account not just of the injury itself but also the inconvenience, embarrassment, anxiety or depression experienced. We will tailor the claim to get the correct award for the correct time, the associated costs in getting these reports (disbursements) would be added to your final invoice.
As in all tribunals/appeals should the appealing end in your favour we seek to obtain our clients a full refund of our costs.
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