Client refuses to take painkillers stronger than paracetamol and ibrufen
A FTT ignored the pain my client experiences, inter alia in her hands because she will only take paracetamol and/or ibrufen. Is anybody aware of an case law, which will help her application for leave to appeal to the UT, please?
My suspicion is that the FtT’s decision might be more nuanced than simply “ignoring” the pain but you may find some assistance from para 32-47 of MM v SSWP (PIP)  UKUT 446 (AAC).
Did the tribunal explore this during the hearing with the client as to why they were only taking this medication? Some clients only take low level pain medication because of allergies or conflicts with other medication - if this was not explored or explained in the written reasons, this could be the error of law you need.
I can never take Ibuprofen as I have a violent allergic reaction. At the point at which I had back pain and a fundamental instability in my spine I very reluctantly took paracetamol 24/7 but declined to take anything further as I wanted to know the limitations of my movement and have a better sense of what I could and couldn’t do. My GP was willing to prescribe (and my physio encouraged) the taking of meds which were 10x stronger than that.
Objectively, at its worst, the pain was an 8/10 but probably 5/10 all the time until my legs collapsed or similar. Equally, during two spells totalling eight months I didn’t have a single day off sick. Many of my work colleagues outside my immediate vicinity to this day have no clue I had or still have a spinal issue. I have worked very hard to ensure I never endure those levels of pain ever again. Many people in a similar position don’t get the choices I had.
It’s entirely conceivable and pretty common that pain levels and pain meds appear to bear no relationship to each other.[ Edited: 21 Jan 2020 at 02:23 pm by Mike Hughes ]
see also this thread: https://www.rightsnet.org.uk/forums/viewthread/15066/ (sorry haven’t worked out how to do the linky-thing yet!)edit - it does it automatically - d’oh!
There is an interesting Horizon documentary on BBC4 which could provide some useful arguments for your submissions
As ever its a bit dumbed down in places but still well worth a watch
Available on i player for the next 30 days
Thank you for your advice, as always it is very helpful