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Tribunal Judge knew the appellant’s GP
Hi all,
I was just wondering if I could get permission to appeal to the Upper Tribunal based on the fact that it wasnt fair that the First-tier doctor knew the appellant’s (previous) GP?
My client’s DLA appeal was denied even though she uses a wheelchair whenever out-of-doors.
The Disability Benefit Centre has a bad GP report from my client’s first GP, who doesnt believe in Fibromyalgia. She changed GPs after this and produced all medical notes from her current GP at the tribunal.
It became apparent that the panel doctor knew the first GP personally when he asked her which of the GP’s surgeries she attended, naming them in the process.
Any thoughts or references would be appreciated,
This should help.
Hi
As well as the potential issue of “bias”, I would also see if there are grounds for challenging the decision on improper findings of fact or inadequate reasons, when you get the written statement of reasons (and record of proceedings). e.g. whether they adequately explain why they prefer the earlier doctor’s evidence to the current GP’s and client’s own evidence.
Thanks for your replies, v helpful as usual :)