I have an IB appeal for a young man with Meniere's disease. He has no points. Examining doctor after describing what the client say's puts in brackets (VERY RARE). I want to argue that this is not a fact of the case, merely an opinion. We have got some medical evidence to confirm some of what he say's. Would appreciate some advice. Thanks Val.

what is meant to be very rare? certainly can't have meant Meniere's disease ... and if he did, i would imagine a google search for docuemnts would easily show that that was wrong....

What a quick response, sorry I wasn't very clear.
The examining doctor has written in summary of functional ability;
"based on customer's statement the symptoms are for the majority of the time (5-6 days a week)with practically no warning (Very RARE!). On that balance of probability -most of the functions of ADL would be affected during attacks".
It is quite obvious the doctor does not believe what this young man says.I feel there is enough evidence to overturn the decision but I want to criticise this statement. Thanks Val

Are you sure? It's equally possible to read that as saying that the customer's statement is that it is very rare for him to get any warning of symptoms.

Looks like that EMP needs to read 'Eats, Shoots and Leaves'! A prime example of bad grammar/punctuation creating ambiguity.

Cast doubt on that point and in the absence of a clear explanation by the EMP the weight attached to that piece of evidence should be reduced somewhat.

and get a letter from his treating consultant (combined with your researches via google as to Meniere's disase generally) and what the client himself says at the tribunal. sorted.