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Top Incapacity related benefits topic #4593

Subject: "1st esa judgment ??" First topic | Last topic
shawn
                              

editorial director, rightsnet
Member since
28th Jul 2005

1st esa judgment ??
Tue 17-Nov-09 12:22 PM

here we go ..... http://www.osscsc.gov.uk/Aspx/view.aspx?id=2783

  

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Replies to this topic
RE: 1st esa judgment ??, clairehodgson, 17th Nov 2009, #1
RE: 1st esa judgment ??, sovietleader, 19th Nov 2009, #2
      RE: 1st esa judgment ??, Casework team, 01st Dec 2009, #3

clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: 1st esa judgment ??
Tue 17-Nov-09 05:28 PM

well, i have to say, the point about hearing is probably wrongly decided - probably because of a lack of relevant evidence! (hearing something i know about...read a lot of reports!). presumably the Dr Kelly therein referred to is a med services doctor, not an ENT person or audiologist.

a man with hearing in only one ear is going to struggle to satisfy that descriptor, irrespective of how he copes in an AA meeting! and he might not have NEEDED to hear in a factory (no evidence that anyone asked for detail of that!).

Pah.

  

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sovietleader
                              

Welfare Rights Advisor, Wirral Welfare Rights Unit
Member since
07th Sep 2009

RE: 1st esa judgment ??
Thu 19-Nov-09 10:31 AM

It certainly isn't the case that all Health Care Professionals will come to the same conclusion, as we had a similar case recently where the HCP accepted that the descriptor did apply

Brian

  

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Casework team
                              

Legal Casework Officer, RNID London
Member since
17th Aug 2006

RE: 1st esa judgment ??
Tue 01-Dec-09 01:56 PM

I would strongly suspect that the opinion of any HCP will depend on any experience they have of a given condition, in this case hearing loss. No doubt the environment in which the appellant was originally assessed and again in the Tribunal, represented near perfect conditions for a person with a hearing loss to experience.

We are frequently told during Tribunal hearings that "you can hear quite clearly what i'm saying today Mr Whatever". Thats because there are no external noise distractions, such as that experienced in the street, a supermarket or wherever, external noise influence is present.

We know and as i have posted before, that HCP's are not trained in deaf awareness, they may (or some might) as i previously stated have experience of hearing loss, but we know from questions posed directly to ATOS, that training in hearing loss and in particular BSL first language users is non existant.

Make of that what you will

Please see previous posting of Aug 27th.

  

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