I've been approached by a client after her DLA appeal was dismissed and which we're following up. She was orig on LRM and HRC which was reduced at renewal to LRM and MRC. she insisted on pursuing to get HRC reinstated and lost the lot.

Client's condition doesn't seem to have been diagnosed as it does seem a bit rare. She says it makes her feel 'spacey'and she has some sort of seizure and says she often "loses days". She's done loads of research but cannot get a diagnosis but now seems to have found a specialist who has given diagnosis over phone that it sounds like 'multi chemical sensitivity'- simiar to Gulf War Syndrome. She will examine and do a report for us but for about £400!! - and anyway she's about 300 miles away.

Because client has had problems getting evidence in past she is wondering whether video evidence is admissable at appeal. She wants me to get hold of a cctv tape from the bank which she says shows her having one of these 'fits'. I dont even know whether this would be worth trying to get. It's hardly going to convince the tribunal on it's own. Does anyone know whether it would be admissible. And more to the point has any one heard about this problem and if so where can i get medical evidence in the Manchester area ?.

Oh how I wish for someone to come in and tell me they just need a 'benefit check' !!

This isn't based on any legal knowledge, but the logic seems good...at least at the time of writing....

Given that CCTV is good enough for courts in criminal cases, I can't see any (good) reason for an Appeals Tribunal to dismiss it out of hand. If they do, it would have to be on a proper basis rather than some arbitary "...I don't like CCTV..." response. If it is dismissed and the Trib find against your client, I'd be looking for a very good explanation as to why the CCTV evidence was dismissed.

Regards

The following are links to two previous discussion forum threads about the use and interpretation of video evidence -

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_mesg&forum=100&topic_id=675&mesg_id=675&listing_type=search

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_mesg&forum=100&topic_id=58&mesg_id=58&listing_type=search

I have done a video statement for a client from Bangledesh re overseas pensions , but it took 3 attempts before the tv/vcr actually made it ot the outreach venue, so ensure Tas are organised.