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How your claim is decided


Your Job

If you are suffering from diffuse mesothelioma (D3) asbestosis (D1) or diffuse pleural thickening (D9) you must have been working for an employer in any job involving exposure to asbestos, asbestos dust, or any mixture of asbestos at a level above that commonly found in the environment at large. If you are suffering from primary carcinoma of the lung (D8A), you must have worked for an employer in any job involving exposure to asbestos in the course of one of the following:

a. the manufacture of asbestos textiles or
b. spraying asbestos or
c. asbestos insulation work or
d. applying or removing materials containing asbestos in the course of shipbuilding where all or any of the exposure occurs before 1st January 1975, or a period of, or periods which amount in aggregate to, 5 years or more, or later, for a period of, or periods which amount in aggregate to, 10 years or more.

Medical evidence

After your claim is received, you will be examined by one or two Doctors engaged by the Department of Work & Pensions (DWP). However, if your claim is for Industrial Injuries Disablement Benefit because you are suffering from mesothelioma or lung cancer you will not normally have to see a DWP Doctor provided that your own Doctor, Consultant or specialist Nurse confirms the diagnosis and confirms that you will be assessed as 100% disabled. If you are examined by a DWP Doctor, they will provide an opinion as to whether you have one of the four asbestos related diseases and, if so, which disease and how disabled you are by such disease. You can normally only get benefit if you are assessed as having a 14% disability at the very least. However, if you have pneumoconiosis (asbestosis) (disease D1) you can get benefit if your disablement is assessed at 1% or more. Following the medical examination your application for benefit will be determined by an Adjudication Officer based upon the opinion of the Doctor or Doctors who examined you and any other evidence available. The DWP will advise you of their decision in writing.

More information...

How to claim Industrial Injuries Disablement Benefit.
Appeal.
Payment.
Further benefits.
Help & Advice.
Mesothelioma.
Posthumous Welfare Benefits.
Child Maintenance and Other Payments Act 2008.

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