[1996] NISSCSC C1/96(IVB) (21 March 1996)
Decision No: C1/96(IVB)
SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992
SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS
(NORTHERN IRELAND) ACT 1992
SOCIAL SECURITY (CONSEQUENTIAL PROVISIONS)
(NORTHERN IRELAND) ACT 1992
[INSERT NAME OF BENEFIT OR ALLOWANCE]
Late application by the claimant for leave to appeal
and appeal to the Social Security Commissioner
on a question of law from the decision of the
Newry Social Security Appeal Tribunal
dated 12 April 1995
DECISION OF THE SOCIAL SECURITY COMMISSIONER
"Mr G... has a mild to moderate back problem. He is aged 40and has not worked for approx 4 years. He accepts the functional
analysis in the Examining Medical Practitioner report of 3.2.95
and so find."
and gave reasons for their decision as:-
"It was reasonable at his age and having been so long out of workto expect Mr G... to consider alternative work by 17.2.95. He
has been in our view fit for same since that date. We do not accept
that he is very substantially disabled by his back condition that he
could do a wide variety of jobs not involving heavy work and where
he had an opportunity to sit and to stand in the working day eg
door security. Above has been so since 17.2.95.
The Adjudication Officer has discharged the onus of proof we are
satisfied of capacity for work since 17.2.95."
"1. I note that the medical report of 3 February 1995 is reliedupon by the tribunal. In that report the functional score
for prolonged sitting is "1" ie full function. However at
para 5 of the report the doctor states "Not .... prolonged
sitting ....". The Commissioner may wish to consider whether
this contradiction, which was drawn to the tribunal's attention
by Mr Brady, was important enough to merit some explanation
in the tribunal's recorded findings and reasons. If so, the
failure to do so may be an error of law.
2. Similarly the deterioration in Mr G...'s condition, also
referred to at the tribunal hearing, may have merited
explanation in the findings and reasons, especially in view
of the comparative scores on the following functions -
Function Med Report 1.12.93 Med Report 3.2.95
Working at heights 1 3
Heavy lifting 2 3
Walking 1 2 30 minutes
3. I also note that at paragraph 3 of his report of 3 February
1995 Dr B… has not elaborated on the assessments for a
number of functions scored "2" ie reduced function."
(Signed): C C G McNally
COMMISSIONER
21 March 1996