Tier 1 (Reduced Earnings due to sick leave)

Hi,
I am currently on a work permit (Tier 2).
I have recently applied for the Tier 1 (HSMP) visa. My application was refused due to the following reason: My earnings (for the specified 12 months) do not give me enough points. Due to a long term sickness, I was paid only 75% of my actual salary, and due to this deductions (25%) for only two months, I lagged behind 5 points to qualify for the Tier 1. This deduction is not included in the 'gross earnings' in my pay slips. However, after speaking to a qualified FCCA, he stated that these deductions should have been included in my gross salary, and hence he has given me a letter clearly explaining that, which i included as a supporting document.
Inspite of this, the UKBA refused my application claiming that they can only award points based upon the amount of earnings which are stated in my payslips and paid into my account each month.
The cause of my sickeness is genuine, to which I have included concrete medical certificates as supporting evidence.
I feel that UKBA did not do a fair decision, as as a result I would like to bring up this matter again for it to be reconsidered
I just wanted to know, from you experts out there, if I stand a strong chance of fighting on this arguement and convince the UKBA to reconsider my application and grant me a Tier 1.
Thanks you in anticipation for any responses.
My email address is dinesh0782@hotmail.com.

well, HO went by the guidelines and they are pretty clear on this matter.

You have to earn xyz amount in last 12 months and must be able to prove it from two different sources. If HO cant find the proof on your statement OR pay slip, then they have no choice but to refuse it.

in my opinion, they made the decision according to the law.

regards