health and safety at work and medication

skeggy-lad wrote: Hi at no point has the evidence of taking Tramadol and Fluoxetine ever considered
these drugs taken together cause confussion and Delusions
can this be used as a point of law on upper tribunal?

thanks

I am sorry but we are really not in a position to comment.

As this was a Paper hearing, the panel can only go on what was stated in your submission and evidence, if you stated;

- that you suffered from the side effects of these two drugs, and
- this was supported by medical evidence, and
- the side effects were relevant to one of the ESA Descriptors or Regulations

then maybe it would be relevant, however, as previously advised, you need to get expert advice in regard to any appeal to the Upper Tribunal.

Gordon

skeggy-lad wrote: sorry i didnt understand a word you said???
i am not a rights officer i am a person cut off

Let me try and explain again

From your previous posts this was a Paper hearing, in other words, one which you did not attend.

As a result the panel can only make a decision based on any submission (explanation of your case), and evidence that you submitted. They cannot explore other areas or clarify questions that they may have as they would in an Oral hearing that the claimant attends.

So, did you point out in the documentation that you supplied to the tribunal, the side effects of these two drugs?

If you did, was this supported by medical evidence?

If it was, did you relate these side effects to the ESA Descriptors and/or Regulations?

If you did not direct the panels attention to this matter, then it is difficult to see how their not considering it on their own account would be an Error of Law, this does not mean that is not.

If you did, then this may be an Error of Law, but you should be aware that even if it were to prove your case, this does not mean that you have won your clain as the most likely action is that the Upper Tribunal will order a new hearing be convened with instructions to review this area, they may still decide that it is not relevant.

This is why we keep recommending that you get expert advice, we really are not in a position on the forum to help members in an appeal to the Upper Tribunal, if nothing else it requires sight of all the papers involved in the case, which we do not have.

Gordon

skeggy-lad wrote: to be honest i havent had any answers since jinng this page i find it useless dunno why i paid i wont be re subscribing

If you feel that you have not had value from your subscription, then please contact the site owner, it may be possible to arrange a partial or full refund. They can be contacted on

info @ benefitsandwork.co.uk (remove the spaces around the @ sign)

Gordon