Appeal Lost

I'm surprised that the OP was told that the medical member is 'new', whatever that means. But you need to find a error of law to have a case to appeal to the UT; I don't think an inexperienced doctor who is nevertheless qualified would amount to a procedural error. It would also be hard to prove that the medical member did not know what he was on about.

I know one of my colleagues has explored this avenue before i.e. whether the Medcial member of a tribunal was competent by virtue of a relative lack of experience.

It didn't even get past first base as it was taken that if the Medical member was qualified as a doctor i.e. completed his/her training/holds the necessary qualifications/registered with the GMC etc) then he/she is treated as competent.

Thus the application to take the case to the Social Security Commissioners (formerly the equivalent of a 2nd Tier Tribunal) was thrown out. It would have only succeeded if there had been an error in law (of which there wasn't sadly).

Pete

originaldave said: "you say there are no tests on the nhs for me/cfs what can be done private ??? do they have tests ? if so whats the cost?"

Original Dave, CFS/ME is diagnosed by a process of elimination of other illnesses like glandular fever, thyroid, etc. There is no test which gives a 'positive' for CFS/ME. It's a very mysterious illness. Frustrating too!!!

Given the antagonistic attitude of the whole ESA system to claimants generally, having an illness like CFS/ME adds an extra dimension to the 'burden of proof'.

Re: grounds for appeal. If the doctor had made remarks indicating that he didn't believe CFS is a genuine illness, would that be grounds for appeal? Does that come under this 'point of law' requirement? It would mean he was discounting evidence from the GP, for example.

Hi

My understanding going to a tribunal was that the DR present had got experience and an understanding of the disability in question!!! At my DLA tribunal the DR there did know a great deal about my disability and was very understanding of my problems that only someone with the same condition would know. Either that or he had researched my condition exceptionally well, but i really felt he understood. It was a unanimous decision at the tribunal and i was awarded DLA.

Mm xx

Andy wrote:

originaldave said: "you say there are no tests on the nhs for me/cfs what can be done private ??? do they have tests ? if so whats the cost?"

Original Dave, CFS/ME is diagnosed by a process of elimination of other illnesses like glandular fever, thyroid, etc. There is no test which gives a 'positive' for CFS/ME. It's a very mysterious illness. Frustrating too!!!

Given the antagonistic attitude of the whole ESA system to claimants generally, having an illness like CFS/ME adds an extra dimension to the 'burden of proof'.

in the world of science elimination is not a diagnose...in the true sense of the word... in gladular fever thats tested for by a positve test for Epstein-Barr virus ..... i asked if there was a private test as you said there was none in the nnhs as i did not think there was any test for me/cfs........ thats not me saying people are not sick and one did i am sure they will get to the bottom of it, but in the mean time I can see (as posted often on here) Me/cfs people getting a harder time from dwp and atos ....
IMO PIP testing/awarding unlike dla which is given from help needed not the illness has the chance of being tighted so you need test results and problems that would help them get there 20% cut in costs