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Neutral Citation Number:
Reported Number: R(IS)65/19
File Number: CSIS 65 1991
Appellant:
Respondent:
Judge/Commissioner: Mr J.G. Mitchell Q.C
Date Of Decision: 17/11/1992
Date Added: 28/06/2002
Main Category: Incapacity benefits
Main Subcategory: medical evidence
Secondary Category:
Secondary Subcategory:
Notes: Applicable amount - disability premium - whether retrospective medical statements may be accepted On 2 October 1992 the claimant appealed against a decision of an adjudication officer to refuse SDP from 10 July 1990. On that date the claimant had submitted a medical statement of incapacity for work, adding that she had been incapable since January 1990. The first tribunal hearing was adjourned for her to obtain a doctor’s statement clarifying the date from which she was claiming to be incapable of work. Her doctor provided a form Med 5 on which he certified that he advised her to refrain from work from 29 April 1990 to 9 July 1990. A second tribunal refused the appeal. The claimant appealed to the Commissioner. The Commissioner found the decision of the second tribunal erroneous in law and remitted the case to another tribunal. Held that: 1. regulation 2(1) of the Social Security Medical Evidence Regulations 1976 enables any evidence, including that not in strict conformity with the rules, to be taken into account and with or without further evidence to be held to be sufficient in a particular case (para. 14); 2. a decision on the sufficiency of such evidence is for the adjudicating authorities and not for the Secretary of State (para. 15); 3. the acceptance of retrospective evidence must not prejudice the right of the adjudication officer to determine that the claimant is not incapable of work for the purposes of paragraph 5 of Schedule 1 to the Income Support (General) Regulations 1987 (para. 16). [Note: This decision relates to the Social Security Medical Evidence Regulations 1976 as in force prior to their amendment with effect from 9 March 1992 by SI 1992/247.]
Decision(s) to Download: Is08_93.doc Is08_93.doc