Decision Summary Information

Back to Results | Search Again | Most Recent Decisions

Neutral Citation Number:
Reported Number:	R(IB)2/98
File Number:	CIB 14202 1996
Appellant:
Respondent:
Judge/Commissioner:	Mr M. J. Goodman
Date Of Decision:	07/04/1997
Date Added:	26/07/2002
Main Category:	Incapacity benefits
Main Subcategory:	mental health descriptors
Secondary Category:
Secondary Subcategory:
Notes:	All work test - mental disabilities - whether medical evidence of mental illness required The adjudication officer awarded the claimant nine points under the all work test for occasional loss of control of his bowels. The claimant appealed and the tribunal awarded a further seven points for mental disabilities so that the claimant satisfied the all work test. The adjudication officer appealed to the Commissioner on the ground that the tribunal had erred in considering mental disabilities without medical evidence. Held, allowing the appeal, that: 1. the jurisdiction of a social security appeal tribunal is inquisitorial but tribunals should be hesitant in going to the question of possible mental disabilities unless they have been raised before and in addition there is some medical or similar evidence on the point (para. 5); 2. in view of the general nature of some of the mental descriptors, tribunals ought to be sure that they have some corroborative evidence, preferably medical evidence, on these points and should be careful not to elevate to mental disabilities mere disinclination to do things (para. 6); 3. mental disabilities can qualify for points only if they result from mental disablement, so that they must not be mere matters of mood but must relate to a mental disablement in the nature of an illness not shared by healthy members of the population (para. 7). The Commissioner referred the case to a differently constituted tribunal for determination
Decision(s) to Download:	IB2_98.doc