Fri 29-Apr-05 09:25 AM by ken

I have an oral hearing coming up with Commissioner May in Edinburgh. I have never represented at an oral hearing, nor have I even observed!! My case is regarding a child who previously had hi mob and hi care components and now has nothing. Her condition is that she has behavioural problems and obesity. Commissioner May has directed that he wishes to be addressed on whether the claimant suffers from a physical or mental disablement and in particular whether the obesity and behavioural problems amount to such. Can anyone help me!!! I'm looking for any guidance on the format of a Commissioner's hearing and how to tackle my submission, also can anyone tell me if you can take independant evidence ie, a report from an independant consultant not related to the case. I have identified a few commissioners decisions but not sure if they are relevant. I know this is a lot to ask but I would appreciate it if anyone could offer me any advice!!!

Thanks

Paula

Never having done one myself (and petrified of the thought) you have my every sympathy but no useful guidance on the format of either the hearing or your submission - isn't there a Chief Commissioner's note on this on the OSSCSC website?

But I would be very confident putting forward a seemingly unrelated medical report (if it's relevant of course and the doctor is an expert).

Paragraph 10 of CIB 14332/96 is a classic example of an unrelated doctor giving general medical guidance. That paragraph has been referred to by subsequent decisions and I can never understand why it wasn't reported. I think there are some similar ADHD cases too.

Best of luck.

Paula,

if you want to contact me to discuss oral hearing feel free to do so. My e-mail address is scott.mcinally@durham.gov.uk.

Scott

I attended an oral hearing before Commissioner Williams last year and found him to be extremely sympathetic to both my colleage and I who were nervous about the situation (it's a bit like how our clients must feel prior to a tribunal hearing). He totally put us at our ease and held proceedings in a manner that allowed us to put our points accross.

I would say that you should ensure that you organise your file in such a manner as to know where to put your hand on the documents that will be referred to and set them out when you arrive.

You will be asked to give an introduction as to the parts of your case asked about but we found that the Sec. of States representative went first and that helped.

Take someone for support.

Unfortunately do not know what Commissioner May is like.

p.s. We won our arguement and the DWP have indicated that they will be appealing further !!

Thanks to everyone who gave me support and encouragement for my oral hearing with Commissioner May. It seemed to go ok and wasn't nearly as traumatic as some might think!!

Thanks again
Paula