I'm expecting my tribunal hearing to be heard soon, this is the third attempt as the DWP have yet to send me their appeal papers.
my case is based on my heart condition & I have yet to see any tribunal hearing/case law relating to heart failure and how the judges handled the issues relating to heart failure, does anyone know of any?
I have used R(M)3/78 and R(M)1/98 as precedents to follow a risk to health and Mallinson in an attempt to make the tribunal see that it affects all of aspects of my life, but I would feel more confident if I could find something more closely related to my condition.
I'm not aware of any DLA or AA Case Law that references a heart condition, although that doesn't mean it doesn't exist, you can access all of the available Case Law on the following link
I would be surprised if you find anything as DLA is based on your Care and Mobility needs, not the underlying condition that causes them, also for most conditions there is a wide variation on the impact that they have, so it would be perfectly possible for two claimants with the same underlying condition, to have one on HRC and MRC and the other not qualifying for DLA at all.
As a general comment in regard to using Case Law, make sure you fully understand what the case applies to, and just as importantly, what it does not apply to.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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