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Case Law
- IanO
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10 years 2 months ago - 10 years 2 months ago #117661 by IanO
Case Law was created by IanO
Hi
My wife has her tribunal next week and unfortunately we do not have a representative and will be doing this ourselves. She has various problems one of them is menieres which make it difficult to care for our young son as she has severe attacks of vertigo, is there any case law about needing help to care for a child and any case law about needing supervision due to these severe attacks of vertigo that come without warning.
My wife has her tribunal next week and unfortunately we do not have a representative and will be doing this ourselves. She has various problems one of them is menieres which make it difficult to care for our young son as she has severe attacks of vertigo, is there any case law about needing help to care for a child and any case law about needing supervision due to these severe attacks of vertigo that come without warning.
Last edit: 10 years 2 months ago by . Reason: Tick.
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- Gordon
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10 years 2 months ago - 10 years 2 months ago #117666 by Gordon
I am afraid that the search facilities for Upper Tribunal Decisions are quite poor, I would start by having a look in the DLA and AA Case Law pack in the DLA section of the Members area
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
this covers Decision up to June 2011.
You can also try the Tribunal Decision search engine
www.osscsc.gov.uk/Aspx/default.aspx
Please make sure you read any Cases thoroughly before using them in your claim, most Cases are very specific in the circumstances that they cover, so it is not just a case of looking at what is included but also what is excluded either specifically or by implication. Also, a lot of UTT Decision uphold the original Decision, so make sure that anything you use is supportive of your claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Case Law
Coolio wrote: Hi
My wife has her tribunal next week and unfortunately we do not have a representative and will be doing this ourselves. She has various problems one of them is menieres which make it difficult to care for our young son as she has severe attacks of vertigo, is there any case law about needing help to care for a child and any case law about needing supervision due to these severe attacks of vertigo that come without warning.
I am afraid that the search facilities for Upper Tribunal Decisions are quite poor, I would start by having a look in the DLA and AA Case Law pack in the DLA section of the Members area
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
this covers Decision up to June 2011.
You can also try the Tribunal Decision search engine
www.osscsc.gov.uk/Aspx/default.aspx
Please make sure you read any Cases thoroughly before using them in your claim, most Cases are very specific in the circumstances that they cover, so it is not just a case of looking at what is included but also what is excluded either specifically or by implication. Also, a lot of UTT Decision uphold the original Decision, so make sure that anything you use is supportive of your claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 2 months ago by Gordon.
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- slugsta
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10 years 2 months ago #117667 by slugsta
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Replied by slugsta on topic Case Law
I'm sure one of my fellow mod's will correct me if I am wrong, but I think it is only personal care that is taken into account (Gordon seems to think your wife's appeal is for DLA rather than ESA?), not the ability to care for a third person.
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- Gordon
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10 years 2 months ago #117669 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Case Law
Hi Mrs H
The OPs previous posts have been in regard to a DLA Tribunal.
I assume the reference to child care is in regard to how a Tribunal might view a DLA claimant who is, or is not, able to care for a child within the context of their own Care and Mobility needs.
Gordon
The OPs previous posts have been in regard to a DLA Tribunal.
I assume the reference to child care is in regard to how a Tribunal might view a DLA claimant who is, or is not, able to care for a child within the context of their own Care and Mobility needs.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 2 months ago - 10 years 2 months ago #117670 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Case Law
There is case law in the Members only section DLA Resources HERE
See also A- Z of Medical Conditions and scroll down to Menieres disease.
However, it can be extremely difficult for qualified benefits advisers and advocates to understand many Commissioners ( now called Upper Tribunals ) decisions, let alone lay advisers. So my advice would be not to quote these decisions unless you understand the precedents they set. You should concentrate on telling the Tribunal how her condition makes it difficult or impossible to cope with your young son.
I'd also advise you to read my guide in the Forum Spotlights area GOOD PRACTICE GUIDANCE FOR THOSE WHO APPEAR BEFORE APPEAL TRIBUNALS
Hope this helps. If not please post again and we'll try to assist you, but please note, Moderators cannot give advice on individual cases.
Good luck.
Jim Allison
retired Welfare Rights Lawyer & former DLA Tribunal Member ( 1994 -2005)
See also A- Z of Medical Conditions and scroll down to Menieres disease.
However, it can be extremely difficult for qualified benefits advisers and advocates to understand many Commissioners ( now called Upper Tribunals ) decisions, let alone lay advisers. So my advice would be not to quote these decisions unless you understand the precedents they set. You should concentrate on telling the Tribunal how her condition makes it difficult or impossible to cope with your young son.
I'd also advise you to read my guide in the Forum Spotlights area GOOD PRACTICE GUIDANCE FOR THOSE WHO APPEAR BEFORE APPEAL TRIBUNALS
Hope this helps. If not please post again and we'll try to assist you, but please note, Moderators cannot give advice on individual cases.
Good luck.
Jim Allison
retired Welfare Rights Lawyer & former DLA Tribunal Member ( 1994 -2005)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 2 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Corrected typo.
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