Northern Ireland - Social Security and Child Support Commissioners' Decisions

[1997] NISSCSC A52/97(IB) (17 December 1997)

 


Application No: A52/97(IB)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992 SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS (NORTHERN IRELAND) ACT 1992 SOCIAL SECURITY (CONSEQUENTIAL PROVISIONS) (NORTHERN IRELAND) ACT 1992
INCAPACITY BENEFIT Application by the above-named claimant for leave to appeal to the Social Security Commissioner on a question of law from the decision of the Craigavon Social Security Appeal Tribunal dated 21 October 1996 DETERMINATION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an application by the claimant for leave to appeal against the decision of a Social Security Appeal Tribunal.
2. Claimant did not appear before the Tribunal nor was she represented.
3. The Tribunal accepted and confirmed the findings of the Adjudication Officer and the awarding of 9 points in respect of mental activities but no points in respect of her physical activities.
4. Claimant sought leave to appeal on the grounds that all the medical evidence was not present at the Tribunal and that claimant was awaiting an appointment with an Orthopaedic Consultant due to her chronic condition of back pain.
5. I arranged an oral hearing of the application for leave to appeal. Claimant did not appear nor was she represented. The Adjudication Officer was represented by Mr McAvoy.
6. Mr McAvoy argued that the Tribunal had no option but to come to the decision to which it came because of the evidence before it, that claimant had submitted no evidence and that the evidence from the Examining Medical Practitioner was against the claimant.
7. I am satisfied that there is no error of law in the Tribunal hearing or in the recording of its decision, therefore I refuse leave to appeal. If claimant submits a new claim she would be well advised to back up her claim with whatever medical evidence she has in her possession or is able to obtain.

(Signed): C C G McNally

COMMISSIONER

17 December 1997