hi
i have a client who i am representing at a tribunal on 26 April 2006. Cl was awarded HRM and HRC for life on renewal, which was effective from august 2004. Evidence that was used was GP report which wasn't that good and the claim pack. Cl was awarded this from august 2004. Decision was made in jjune 2004. Cl was then videowed by fraud investigator on 18.11.04, 19.11.04, 23.11.04, 24.11.04, 25.11.04, 26.11.04, 8.12.04,9.11.04 and 10.11.04. There has been days before this where cl has been videoed however, cl was present not on those bits. Cl has basically been seeing on these days coming out of her house and walking to the car without a walking stick holding coat, handbag and on some days a 5litre container. Cl is quite overweight.The maximum over these days that the client has been videooed walking is sometimes 22metres. 11meteres, 6metres, etc and one day there is a witness statement in the schedule of evidence that cl has walked 41 metres!!! Basically it doesn't look like 41 metres to me because cl actually stops during this route and at one point is behind some bushes so you cannot see what she is doing?

Anyway cl's HRM has been stopped and HRC. However, with the HRC they have gone back to november 2004 to recover £ as she did not report change of circs!. I am still going through the fraud interview which is very long!

Any ideas on what i can argue. By the way EMP visited client in august 2005 and has stated that cl can walk 80 metres but on the other page has stated that she halts at 40metres!!!! this is crazy isn't it.

I have ragued fluctuation of conditions before may be i should try that again. Its not the HRM i am worried about, its actually the HRC which cl has admitted certain facts in fraud interview re: care. Will go thru fraud interview again and reply back.

thanks