Judgment paragraph's 50 - 51
Absolute failure to apply disability test to evidence establishing long-term disability.
See Final submission:
P 50 - “In his report, Dr Craig, recognising the very clear reference to ongoing mood upset and anxiety, recommended that an opinion should be sought from a consultant psychiatrist on the index questions, stating that mental health lay outside his area of expertise. However, the claimant did not advance any case of or adduce evidence of a mental impairment being the cause of her disability. The tribunal, per McNicol (see paragraph 23 above) has therefore only had regard to the physical impairment relied on by the claimant in evaluating her claim. Further, the claimant did not adduce any evidence to show that her condition was likely to recur after it had substantially resolved.”
See concussion diary dates below for evidence of mental illness associated with my diagnosis of Post-Concussion syndrome (pgs 115 - 391):
ALL ABOVE EVIDENCE WAS IGNORED BY THE TRIBUNAL.
P 51 - “The tribunal’s findings set out above are not displaced by reports provided by the claimant, from practitioners who had provided private assessment and treatment to her, including Dr Rankin of Sports Medicine NI and a Vision Therapist, Susan Park, from October 2019 onwards. The tribunal did not have the benefit of hearing from Dr Rankin or Ms Park, and the documentation included in the bundle was not agreed by the respondent. These reports did not assist the tribunal as Dr Rankin’s findings were recorded in his report dated 21 June 2019, which was well before the relevant time. Ms Park’s findings were contained within a report under cover of an email dated 7 April 2021 and related to the claimant’s attendance at Ms Park’s practice in October 2019, which again was well before the relevant time.”
At NO POINT was I told the bundle was “not agreed”.
All the above evidence which establishes long-term disability - physical and mental, was dismissed by the tribunal.