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Compensation following tribunal

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past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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I’ve had very similar in the not too distant past. High powered city broker who suffered a stroke. Due to only very minor physical symptoms and some past history of mental health issues and substance misuse, it was assumed he had suffered some form of mental health episode. He was sectioned and the stroke went undetected for some 4-5 months.

Good evidence as to permanent cognitive impairment from manager of rehab placement and physios, psychs etc. - but all 4-5 years old by the time it came to tribunal. Client himself - and entirely due to his cognitive impairment and lack of insight - presented as very competent both at the ESA assessment and in the hearing. Unrepresented and appeal lost.

But a relatively straightforward job to get set aside at UT on the basis that the FtT had treated client’s statements entirely at face value and failed to weigh that evidence against the rehab and physio evidence. Which, although 4-5 years old, was clear that a) the impairment was permanent and severe and b) one which resulted in the client presenting as competent whilst giving an entirely exaggerated view as to his capabilities.

Support component on new hearing - and really all it took was some appropriate questioning of the client…..

Pete at CAB
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Welfare Benefits Adviser’ for Citizens Advice Cornwall

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Phil R - 28 March 2019 09:09 AM

I think the problem the deputy had was that the appellant suffered a brain injury, one of the effects being he has no insight into his condition. Therefore, when you speak to him, you could be of the opinion that he is more than capable of doing all the activities without assistance as that is exactly what he will tell you. The deputy wanted to ensure that his issues and lack of insight were in front of the panel.

Could the Tribunal be asked to make a direction that such evidence was obtained - given the scenario it would clearly be in the interests of justice that the Tribunal could see it rather that take the (probably unreliable?) word of the appellant. As far as I know the Tribunal would then bear the cost