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Indust Injuries Ben
- Buckie
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12 years 1 week ago #103454 by Buckie
Indust Injuries Ben was created by Buckie
Hi guy's... Although I know this benefit is not covered in this forum, I thought I'd see if anyone can still help !
I've basically been told that since my accident some 30 years ago my condition has got worse it's not due to the accident, it's just wear and tear, so there is no change in my condition ...
I however know it is, is it worth appealing ?
Hoping someone can help if they have had the same problem ?
DLA Appeal..... WON
ESA Appeal..... Pending
Industrial Injuries The juries Out
Let's make it a triple here ....
I've basically been told that since my accident some 30 years ago my condition has got worse it's not due to the accident, it's just wear and tear, so there is no change in my condition ...
I however know it is, is it worth appealing ?
Hoping someone can help if they have had the same problem ?
DLA Appeal..... WON
ESA Appeal..... Pending
Industrial Injuries The juries Out
Let's make it a triple here ....
The topic has been locked.
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 1 week ago #103476 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Indust Injuries Ben
Hi, You are correct B & W do not deal with Industrial Injuries Disablement Benefit, due to it's complexity and individuals circumstances.
However, as former Welfare Rights Lawyer who has dealt with numerous cases of IIDB, I would advise you to appeal. Nothing to lose, but perhaps a lot to gain.
Good luck.
However, as former Welfare Rights Lawyer who has dealt with numerous cases of IIDB, I would advise you to appeal. Nothing to lose, but perhaps a lot to gain.
Good luck.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- pusscatsmum
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12 years 1 week ago #103595 by pusscatsmum
Replied by pusscatsmum on topic Indust Injuries Ben
Hiya,
Re Industrial Injury and appeals.
Please remember if arthritis or anything not attributing to the accident in which you receive this benefit, has occurred at the injury site you may end out by losing what Industrial benefit you have, if it is re assessed.
e.g
I had a motorcycle accident in 1996 and damaged my spine. It has got worse over the years and in 2007 it was suggested by my GP I had a re assessment by the Industrial Injury Board. We spoke to our CAB Representative and she managed to contact someone from the Ind Inj board to discuss a further appeal. The letter back to her from the board explained how it could mean if I went ahead to appeal losing, all the benefit as arthritis/ degenerative problems etc is not recognised as Industrial Injury. So please be aware of the problems that can occur.
We did not realise this was the case, and am so glad we did not persue an appeal as to lose this benefit set at 50% would make life very difficult.
Re Industrial Injury and appeals.
Please remember if arthritis or anything not attributing to the accident in which you receive this benefit, has occurred at the injury site you may end out by losing what Industrial benefit you have, if it is re assessed.
e.g
I had a motorcycle accident in 1996 and damaged my spine. It has got worse over the years and in 2007 it was suggested by my GP I had a re assessment by the Industrial Injury Board. We spoke to our CAB Representative and she managed to contact someone from the Ind Inj board to discuss a further appeal. The letter back to her from the board explained how it could mean if I went ahead to appeal losing, all the benefit as arthritis/ degenerative problems etc is not recognised as Industrial Injury. So please be aware of the problems that can occur.
We did not realise this was the case, and am so glad we did not persue an appeal as to lose this benefit set at 50% would make life very difficult.
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 1 week ago #103656 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Indust Injuries Ben
Full information on Industrial Injuries Disablement Benefit is on the DWP website HERE
If a IIDB claimant is awarded for example 60% for life, then they'll continue to receive it for life, unless their condition improves.
If they develop arthritis or similar during their award, this may or may not be related to their Industrial
Accident/ Disease. In cases like this, it's possible for an existing IIDB award to be reviewed, due to what's referred to as 'unforeseen aggravation'
I'll allow a further couple of further comments on this, but then the topic will be locked, as has already been stated, B & W does not deal with Industrial Injuries.
If a IIDB claimant is awarded for example 60% for life, then they'll continue to receive it for life, unless their condition improves.
If they develop arthritis or similar during their award, this may or may not be related to their Industrial
Accident/ Disease. In cases like this, it's possible for an existing IIDB award to be reviewed, due to what's referred to as 'unforeseen aggravation'
I'll allow a further couple of further comments on this, but then the topic will be locked, as has already been stated, B & W does not deal with Industrial Injuries.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Billy
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12 years 1 week ago #103680 by Billy
Replied by Billy on topic Indust Injuries Ben
Hi Jim
Would an accident that caused a disc prolapse, and had failed surgery ,and then 12 years later the same disc prolapses, would that be deterioration,
Would an accident that caused a disc prolapse, and had failed surgery ,and then 12 years later the same disc prolapses, would that be deterioration,
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 1 week ago #103683 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Indust Injuries Ben
As I've explained B & W does not deal with Industrial Injuries as it is beyond our remit.
The fact that I have some knowledge of Industrial Injuries Disablement Benefit is immaterial, I have to abide by the rules laid down for moderators which is explained in our FAQ is confined to DLA/PIP or IB/ESA.
You need to contact a Benefits Adviser or Agency such as Citizens Advice, who may have an adviser experienced In IIDB.
I'm locking this topic, for obvious reasons.
The fact that I have some knowledge of Industrial Injuries Disablement Benefit is immaterial, I have to abide by the rules laid down for moderators which is explained in our FAQ is confined to DLA/PIP or IB/ESA.
You need to contact a Benefits Adviser or Agency such as Citizens Advice, who may have an adviser experienced In IIDB.
I'm locking this topic, for obvious reasons.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
The topic has been locked.
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