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Top Incapacity related benefits topic #4046

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steve_h
                              

Welfare Rights Caseworker, Advocacy in Wirral, Birkenhead, Wirral
Member since
06th Mar 2006

IB Appeal Tribunal
Tue 16-Jun-09 01:04 PM

I was recently appalled whilst representing a vulnerable adult with moderate learning difficulties and longstanding depression.

The client was appealing a decision that she failed the PCA having scored only 6 points in relation to the mental health descriptors.

The Tribunal Chair (Judge) discovered that the client was receiving carers allowance to look after her disabled cousin. He was saying to her, how can she explain that she is a carer and claim to be incapable for work.
From that point the "Judge" proceeded to dismanltle the client by agressive questioning and trapping her into being inconsistant with her answers to the tribunal.
I did, of course, stick my oar in, to defend the client by explaining that the fact she receives carers allaowance has nothing to do with incapacity benefit and the PCA. That she was here at the Tribunal to show she should receive 10 points.
The Judged adopted the role of prosecuting counsel, putting the departments case.
I am asking for a statement of reasons, but would appreciate your comments.

  

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