Presenting Officer at DLA tribunal

I am currently on DLA higher mobility, and low care, but previously on middle care. I went to tribunal to get the middle care reinstated, but failed.

I have frequent needs throughout the day for personal care and also want to be able to be taken out to partake in activities and socializing, which is covered in Attention to bodily functions - 61107 - Attention required to enable a person to carry out a reasonable level of social or leisure activity is reasonable required.

A presenting officer was at the tribunal. Should he be allowed to ask me if I have a mobile phone, what do I use it for, do I have a computer and what do I use it for. Do I go on social network sites? He did this and that was the end of this line of questioning. Is he trying to imply that this 'virtual' socializing should be counted as having a social life, when I hardly get out to see people?

I don't think it was an appropriate line of questioning.

Judith wrote:

I am currently on DLA higher mobility, and low care, but previously on middle care. I went to tribunal to get the middle care reinstated, but failed.

I have frequent needs throughout the day for personal care and also want to be able to be taken out to partake in activities and socializing, which is covered in Attention to bodily functions - 61107 - Attention required to enable a person to carry out a reasonable level of social or leisure activity is reasonable required.

A presenting officer was at the tribunal. Should he be allowed to ask me if I have a mobile phone, what do I use it for, do I have a computer and what do I use it for. Do I go on social network sites? He did this and that was the end of this line of questioning. Is he trying to imply that this 'virtual' socializing should be counted as having a social life, when I hardly get out to see people? I don't think it was an appropriate line of questioning.

Judith,

The Presenting Officer was way out of line with the questions he asked and I'm surprised that the Tribunal Judge allowed this, since PO's have no right to be heard unless the Tribunal Judge allows them. See my link below.

See Role of Presenting Officer

Their legal status at a Tribunal is 'amicus curiae ' which literally means friend of the Court.

PO's are NOT a party to the proceedings, and these days are rarely seen at DLA Tribunals, or indeed most social security tribunals

Jim

retired Welfare Rights Lawyer and former DLA Tribunal Member

Thanks for the responses. Gordon I have got the Statement of Reasons and it doesn't even show the Presenting officer asked these questions - it just tags my answers on to an unrelated topic! The decision said the higher rate mobility to a significant extent caters for getting out and about, but I believe help to take part in activities/socialising is under a bodily function and that this is an error of law.

Jim. Thanks for your reply, I'm pleased you agree and feel this questioning is out of line from the Presenting officer. The fact that it is not shown on the Statement of reasons may indicate that this was contentious.

Gordon, thanks for the reply. I haven't actually mentioned middle rate mobility, I have the higher rate. You are correct that I am hoping to get the middle rate care reinstated.

The decision said the higher rate mobility covers help with going out. However, help with being able to take part in activities and socialising comes under bodily functions which falls under care and I don't think they should lump this under the mobility.

I hope this clarifies, it seems to have got slightly confusing, especially with the other poster in my topic!!