My Story Falure to dsiclose medical Improvement

Hi Again Pat

Thanks for your comments. Paragrapgh 15 was implemented by the Tribunals, Courts and Enforcement Act 2007 (Commencement No 1) Order 2007 which perovides that it came in force on 19th September 2007.

Lucvkily I have access to a waelth of legal databases via my Unversity so its fairly easy to look at these.

My reps view is he felt it was better than having the Doctor we had on the Tribunal. He was awful.

I myust dash now - my daughter's birthday today..

Ron

Hi Ron,

Hope you caught the additional comment on my last post which I edited.

Enjoy your daughter's birthday.

Best wishes.

Pat

Well as I said the tribunal has been adjourned part heard. However I thought I would let you know of the things that happened. It was extremely stressful. One problem I have at time is getting things in the right sequence.

The doctor member was asking question after question in quick succession and I have to say I got confused. However prior to this he went through the condition and lumped in with mental health dyslexia and dyspraxia. I do not know why anyone would be consider as having a mental health condition if they have co-ordination difficulties or problems with motor skills or a learning difficulty. There is no suggestion by me that these alone would give rise to dla itself (in my case)

I was asked if I dreamed in colour or black and white. I didn’t have an idea!! I was also asked if I had ever caused a fire. However this is where I got confused and indicated it was around 3 years ago. However after getting home I realised that it was a flood on that occasion. However I had caused a fire twice in the past by forgetting about food being on the cooker or getting distracted. It would somewhat in excess of 3 years. However I did indicate I was distracted by being on the phone and was asked who I was on the phone with. I had no idea couldn’t remember that!

My wife was asked all sorts of crazy questions by the medical member but the one I recall was she was asked the precise date she decided she was going to get married to me. What has that got to do with entitlement to DLA? To be fair to the chairman the tribunal adjourned for a few minutes and the Doctor did not ask anymore questions of her.

My rep has informed me that the fire issue is a big problem because it undermines my credibility. I had simply not remembered about the fire occurring at all until that day.
To be honest we did not get very far in the case, Went through the 2008 claim but then started just going through the 2003 claim form which the tribunal needed clarification as they could not read it and at 3pm adjourned. This was due to my wife throwing a ‘wobbler’ she got upset and when we went outside she starting ramming her head in a concrete post and hitting her head in the wall. (Two days prior to the Tribunal she had tried to hang herself). Whilst she has had some issues a lot has been the pressure and stress on us as a family.
However case adjourned now but the medical member ceases to be a member of the Tribunal and therefore it was agreed that the case proceed with just the Regional Judge and the Disability member.
You know I dealt with welfare benefit cases for a significant number of years and never seen one which is so complex. This shows that there is a need for legal aid availability in appropriate cases to deal with such problems. At the end of the day my rep is a friend and it is unfair really to expect such an amount of work to been done pro bono. Just a comment really.

Just really an update for everyone.

Ron

Oh thanks for that Pat. Yes I did. Interstingly the commencement order does not indciate that there was cvonsulation towq hicxh you referred which could mean that the aspect of par 15 could be ultra vires and invalid untilt hat has taken place. Obviously if that is correct then the tribunal would if acting under an invalid power also have acted ultra vires. Interesting point isn't it?

Still thinking of you, Ron, and your wife.

Wishing you all the best Ron for a sucessful outcome.

Take care both.