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Top Disability related benefits topic #6573

Subject: "Diagnosis by tribunal." First topic | Last topic
jmca
                              

Tribunal rep, Newtownabbey CAB, Northern Ireland
Member since
24th Jun 2005

Diagnosis by tribunal.
Mon 02-Feb-09 08:45 AM

I have some recollection of case law that stated that the role of the tribunal is to weigh the evidence and cautioned against the tribunal and particularly MQM making their own diagnosis but have been unable to turn anything up on usual searches. Any help? This can be a particular problem in this jurisdiction where the tribunal generally have the full GP records before them.

  

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Replies to this topic
RE: Diagnosis by tribunal., johnwilson, 02nd Feb 2009, #1
RE: Diagnosis by tribunal., jmca, 02nd Feb 2009, #2

johnwilson
                              

Benefits and Appeals, Dumfries and Galloway Citizens Advice Service
Member since
06th Feb 2008

RE: Diagnosis by tribunal.
Mon 02-Feb-09 10:11 AM

R(M)1/93 "it is clear that the medical member is intended to use his specialist knowledge in interpreting the evidence...he is not there as a substitute for evidence...he is precluded from conducting a walking test or making a medical examination of the claimant..."

  

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jmca
                              

Tribunal rep, Newtownabbey CAB, Northern Ireland
Member since
24th Jun 2005

RE: Diagnosis by tribunal.
Mon 02-Feb-09 12:38 PM

Thanks this is helpful and I got copy www.dwp.gov.uk/advisers/docs/commdecs/93_94/m_193.asp but I was thinking of something more recent.

  

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Top Disability related benefits topic #6573First topic | Last topic