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.
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..."