Welfare Rights Worker, Broadway (London) Member since 13th Jul 2004
Role of the tribunal Fri 10-Jun-05 02:13 PM
I have received a statement of reasons stating why the tribunal decided not to award my client DLA. The chair has stated that the basic issue for the tribunal was whether they believed my client suffered from the medical condition he says he has and the frequency of his attacks. The statement of reasons is then entirely concerned about how the tribunal failed to believe him despite the client having supporting medical evidence from his GP.
Is not the role of the tribunal to establish whether my client has care needs and mobility difficulties that arise from his medical condition and not whether they believe he suffers from the condition when there is evidence to show he does? Also the Chair made a medical diagnosis! and tried to prevent myself as rep disputing this.
WRO, Appeals Section, Glasgow City Council Member since 14th May 2004
RE: Role of the tribunal Tue 14-Jun-05 08:19 AM
Sam
Have a look at CDLA/1721/2004. It deals with tribunal's responsibility to look at disability not diagnosis. Without more detail its difficult to comment on the specifics of your case but as you mention 'attacks' then it would be difficult to see how a tribunal could justify ignoring the evidence of a claimant and GP unless it was contradictory, improbable etc.