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Unreliable witness?
I have a very brave and inspirational client who is a single parent. Her back was broken years ago, leaving her in pain that becomes agonising when she does anything. We applied for DLA and she was eventually awarded low rate care. We appealed and went to tribunal looking for high mob. The problem is that she works part-time as a supermarket check out operator. Her employer allows her to stand, as sitting for any length of time is too painful. Throughout the tribunal she stood and moved around to ease her back. The tribunal noted that when she walked in she groaned in pain. The hearing lasted an hour, and by the end she was in tears from the pain. Decision was not entitled to either care or mob. SOR states ‘the tribunal regarded the applicant as an unreliable witness who is prepared to resort to affectation and exaggeration to further her case’. No indication of this opinion was given at the hearing.
SOR also states ‘improbable that she would do as much walking as she says if in so much pain’.
So. It has been decided that this lovely lady who is proud and determined is a liar, just because she puts herself through so much pain to try to provide a normal life for her family.
There is medical evidence on file. Her GP says walking is painful and she could not walk long distances - this has been discounted as ‘it was not clear if the doctor was expressing her own opinion or merely passing on what she had been told by the appellant’!
Loads more evidence confirming spinal damage etc.
I’m asking for decision to be set aside - can anyone recommend case law?
Surely the tribunal should give some reason for doubting a person’s evidence?