× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Disability benefits  →  Thread

Tribunal Judge knew the appellant’s GP

Sandy
forum member

Thurrock CAB

Send message

Total Posts: 26

Joined: 24 August 2010

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,

nevip
forum member

Welfare rights adviser - Sefton Council, Liverpool

Send message

Total Posts: 3137

Joined: 16 June 2010

Domino
forum member

Advice Support Project, Lasa

Send message

Total Posts: 121

Joined: 28 June 2010

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.

Sandy
forum member

Thurrock CAB

Send message

Total Posts: 26

Joined: 24 August 2010

Thanks for your replies, v helpful as usual :)