Had a truly dreadful appeal yesterday, client effectively interrogated for over an hour and my attempts on clarifying conflicting evidence (poor completion of review form)plus an inaccurate EMO report and GP report proved impossible. There was GP's support confirming the problems experienced submitted in appeal process but this did not seem to carry any weight. I have requested a full statement of reasons, but feel that it will be water tight, apart from the way she was questioned on the cooking test. I understand that using microwaves is now considered by tribunals, but the 'labour intensive' activities should be explored. I do feel this part was not explored, tribunal member suggested scraping a few potatoes, no reference to peeling, chopping, opening cans or the real issue of safety.
I would appreciate any views of pursuing leave to appeal on this issue, really want the opportunity for a rehearing. I have always advised clients that even if they do not win their appeal, they should always feel as if they have had a fair hearing, but after my experience yesterday, it felt like an uphill battle to prove the way a disability impacts on someones daily life...lots of suggestions of how to overcome these problems by tribunal.

My suggestion is, though it is incovenient and time consuming, start the whole procedure again.
Fresh claim, more medical evidence to be aquired,and seek legal help with tribunals. There are solicitors who help using legal aid.
It is a painstaking procedure, but there is no limit on how many times you can claim.
Ask for a second opinion on medical grounds.

I hope this may be of use

I know the feeling, it's always the ones which shouldn't be tough and are which hurt most!

If the root of the problem was the inadequately completed renewal pack and you now have supportive medical evidence from the GP then you may well get a better result by making a new claim from scratch, and as there's no guarantee a Commisioner's Appeal will be successful it seems sensible to protect your client's interest by doing this.

But I wouldn't give up on appealing the tribunal's decision yet, you only need to identify one potential error in the written reasons to 'crack it open' again.

From what you say there are two areas where you might find one::

Inadequate reasons for prefering the EMO's evidence to the GPs (even though you seem to feel the reasons will be 'watertight' on this they can slip up)

or

Over reliance on 'aids' and 'coping strategies', there is a useful summary of caselaw which can be used to challenge this on the Disability Alliance website:

'coping mechanisms - reasonable

CA/14336/1996 says that you must consider the reasonableness of measures the claimant takes to overcome attention needs. In this case it was considered unreasonable for a 75 year old woman to use a hooked stick to climb upstairs to the toilet and then come downstairs on her bottom.

coping mechanisms - suggestions

R(A)1/87 states that adjudicating authorities may examine and propose alternative measures to limit or dispose of the need for attention or supervision but R(A)3/90 states that these measures must be reasonable. CSA/101/1988 states that suggestions should be in line with what a fairly minimal normal household could be expected to have available (in this case a commode). See also CSA/65/1989, where the decision maker failed to take account of the ease or difficulty of obtaining a suggested personal alarm to reduce supervision.

In CSA/65/1989 the suggestion of elasticated tracksuit bottoms to obviate help with clothing did not take into account that the claimant, who had emotional problems, was known to be well dressed and had a need to maintain personal standards'

If you can get the decision set aside and remitted to new tribunal, it would only help if your client has made a successful new claim in the meantime (especially if you can show a similarity between the orginal claim pack and your new 'improved' claim and argue convincingly that there has been no real change in the care needs the meantime)

Before I start, I am not Sayo but I am his " learned colleague" Michelle.
Having looked at your query and using the Commissioners Decisions in particular CDLA/3778/2002 and CDLA/5250/2002 it would be necessary to establish how the client uses the microwave, if it is only for heating a pre prepared meal or making a snack then it should be disregarded but if it is actually used to cook a meal from scratch it can be considered.
Hope this helps!

Following Moyna CDLA/1714/2005 will probably be your best bet.

Thanks for all responses....discussed with client yesterday and we are going to submit fresh claim. She has asked GP to refer her back to specialist and he refused, can she insist? I feel the opportunity to get some expert opinion on her care needs would make the difference between success and failure.

Would advise start again from scratch