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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Appellant takes ill during hearing

Lawtcrav
forum member

Halton Disability Advice & Appeals Centre

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Total Posts: 53

Joined: 3 June 2013

On Thursday I represented a client at a DLA appeal. She has COPD and a problem with her back which needed surgery last September. Therefore her back problem was slightly better.

After about 5 minutes the appellant took ill. She couldn’t breathe properly and had pains in her chest. An ambulance was called. this was during the doctor’s questioning. The doctor then declares he has no more question.  By this time the appellant is getting worse shouting, “I cannot come back here”.
The panel retired to their room. The DQ wing member comes out and makes a suggestion that if the PO and I, agree she would recommend that the mobility be awarded at the HR but no care. The PO and I agreed. The panel returns, the judge made the offer as suggested. Again we agreed so he starts to record the decision. He then realises that the PO had not been asked if she had wanted to ask the appellant. The judge was covering his back so the decision would not have been open to challenge on this point. To everyone’s amazement and my outrage the PO declared that she did. With that the tribunal had no other course to take and adjourn for a future date.

My opinion is that the PO acted dishonourable by agreeing to a “deal” then reneging on it.  What is open to me to complain about the PO.  I have asked for a statement of reasons and the record of proceedings