I have a vaccine damage appeal coming up shortly and I have never done one before. It is accepted that the claimant has been vaccine damaged, the issue is whether or not she is 60% disabled.
Her loss of faculty is mental in that she has very short term memory problems cannot manage money does not understand personal hygiene issues etc. She cannot live independently without the help of carers provided by direct payments. I know that the degree of disablement is based on the industrial injuries scheme but any advice on tactics would be appreciated.
It has been my experience that where degrees of disablement are not set down it can be hard to persuade tribunals that a 100% degree of disablement does not mean 100% disabled and other percentages should reflect that.
Any comments would be appreciated
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