Full Statement from DLA Tribunal contains errors in law but not sure i believe the client.

Client has attended a Tribunal and been refused DLA - we were only applying for the mobility component - they were not happy and asked us to get the full statement which has arrived today.

The full statement is anything but full and i could easily identify more than one error in law, however….....i have now seen the client on more than one occassion acting as though there is nothing wrong with them - i have challenged them about this and they have said it’s because they’re having a good day but, even on a good day, the majority of people with this condition would not be able to act in the manner they have - i can’t really ellaborate due to this being a public forum - I realise this is just my opinion, however 18 years of experience have to account for something…...don’t they?

What would you do?  All opinions gratefully received please.

If I had good reason be believe a clmt was hoodwinking me, I’d be mightily unimpressed that already scant and overstretched resources were being given to assist such a person ahead of someone in greater need.  I’d be inclined to politely decline further assistance.  On the other hand, I have always had the luxury of not having to worry about being PC or putting “policy” and/or “procedure” above common sense…..

Hi Nicky
I had a similar situation myself not so long back where DLA awarded and medical evidence requested arrived too late for the appeal but basically said the client was exagerating A LOT.
Was medical evidence sourced for the FTT and did this support the client? Could this be requested?
I agree with Kevin, if you really cannot support furthering the case to UT then I would be giving the client a full overview of the process, all their options and let them get on with it.
Good Luck
Chaos

I seem to recall that some time in the dim and distant past there was a CAB procedure in relation to the Fraud Act regarding continuing to aid and abet a fraudulent claim.

I have also had a case where I was in possession of what I had every reason to believe was information relevant to the case and when my client refused to let me disclose it I withdrew as rep (on legal advice- ‘professionally embarassed’ is apparently the phrase used)

Pete C : I too have withdrawn in such circumstances on more than one occassion - this one is not so much about a fraudulent claim i suppose but more about my “take” on it.

I thank you for your replies - having thought about it over the weekend i am going to withdraw as rep and explain to the client how to take things further themselves as suggested above.

However if the full statement had been “full” this would not have been a problem in the first place and i could have truthfully told the client i could not identify any error in law - the quality of the statement was woefully inadequate IMO.

Thanks again.