Decision No: C2/96(IB)

	SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

	SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS
	(NORTHERN IRELAND) ACT 1992

	SOCIAL SECURITY (CONSEQUENTIAL PROVISIONS)
	(NORTHERN IRELAND) ACT 1992

	INCAPACITY BENEFIT

Appeal to the Social Security Commissioner
on a question of law from the decision of the
Belfast Social Security Appeal Tribunal
dated 2 November 1995

	DECISION OF THE SOCIAL SECURITY COMMISSIONER

1.	This is an appeal by the claimant against the decision of a Social Security Appeal Tribunal which granted him leave.

2.	The facts are that the claimant is a 55 year old unemployed docker who became unfit for work in November 1993 and was awarded sickness benefit followed by invalidity benefit by reason of ankle injury and painful left elbow.  As a result of the change in legislation this award became a transitional award of incapacity benefit from and including 13 April 1995 and as he had been incapable of work for 196 days on that date the Adjudication Officer decided that the "all work test" was applicable.  Claimant completed the questionnaire in respect of same and furnished a letter from his GP.  He was then examined by a Medical Officer of the Department in June 1995.  On the "all work test" score sheet which claimant filled in he awarded himself 15 points in respect of sitting and 3 points in respect of bending and kneeling, whereas the Medical Examiner awarded him no points.  As a result of the Medical Officer's award of no points the Adjudication Officer reviewed his entitlement to benefit from 19 May 1994 and disallowed the benefit from 30 July 1995.

3.	Claimant appealed to a Social Security Appeal Tribunal and that Tribunal went into the evidence very thoroughly, found as a fact on claimant's own evidence that he had no real problem with walking and that on his own evidence there was no problem bending and kneeling but there may have been some problems with this whenever he was working.  The Tribunal also found as a fact that he sat in his chair without any apparent discomfort throughout the hearing, that there was no reference to this problem in the claimant's own doctor's statement.  As a result held that on his own evidence and the Tribunal accepted unanimously that the claimant was not incapable of work and agreed with the Adjudication Officer's scoring of nil points in respect of him.

4.	Claimant sought leave to appeal on the following grounds:-

		"I want to appeal the decision not to award incapacity benefit
		because I do not feel that the other difficulties that I have 
		apart from my right ankle were taken into consideration.

		I suffer from lower back pain and a chipped bone in my left
		elbow and damaged finger on my left hand and the top of my
		right thumb is missing.  These cause me severe pain and cramps.
		I did get cortisone injections into my left elbow at Musgrave
		Park Hospital.  These disabilities cause me a lot of problems
		with basic everyday things.

		I have also further injured my right ankle after the 16th June
		1995 and I do not think the difficulties caused by this were
		taken into consideration."

5.	I have considered all the documents in this case and I have considered the report of the medical examination.  I am satisfied that having considered the circumstances and the reasons put forward in respect of a request for an oral hearing I am satisfied the appeal can properly be determined without a hearing.  

6.	Having read all the papers I am satisfied that there is no valid ground for holding that the decision of the Social Security Appeal Tribunal is or may be erroneous in point of law and I am surprised that the Chairman of the Tribunal granted leave as the application for such leave did not disclose any point of law.

(Signed):  C C G McNally

COMMISSIONER

5 August 1996