Case Law regarding medical opinion

Appellant has a medical condition which was kept at bay by him taking dangerous amounts of prescription meds. I want the tribunal to discount this very serious and consistent overdosing and to look at how he would have been at a safe and appropriate dose. This seems to fit in with CDLA/2669/2009 but it leaves a question about how he would have been without the extreme medication.

Medical opinion just after the decision was not very clear about how he might be, it seems that neither of the doctors were able to predict with any certainty what would happen if he reduced the dose.

Since then he has restricted himself to the proper dose and has consequently become quite ill but this of course happened after the date of decision. I have a memory of some case law that dealt with this situation, something concerning a prognosis being, in the light of subsequent events, clearly wrong but I can’t find it in any of my books and I can’t remember which thread it was on. Can anyone enlighten me ?

thanks

Pete.

A quick search of our social security law Cd-Rom offers CDLA/5506/2002 and CI/437/1992 as possibly relevant.  I’m not sure whether they address the point of being ‘clearly’ wrong but they do consider the different outcome to the prognosis.

Thanks Gareth, I’ll take a look at both of them

I can’t find any link to CDLA/5506/2002 - does anyone have a copy?

Hi Pete

Here is a link to the decision: CDLA/5506/2002, which I found on admin appeals website via rightsnet toolkit

http://www.administrativeappeals.tribunals.gov.uk/aspx/view.aspx?id=1040

However, on first scan I’m not sure about its relevance as appears to concern the special rules re terminal illness.  See what you think.