The Judge and the Doctor

25th October 2012 Thursday

The Judge - neat white hair -  and the Doctor - kind lined face -   sit behind a big desk raised on a dias. We four sit in a row of chairs in front of them - more desks and a lake of space between us. The clerk sits with his computer to our left. The room is fed with light from generous windows. My husband asks for the air conditioning - cold, noisy -  above his head to be turned off. The atmosphere is sober, not smiley. I thought I would but I don’t feel intimidated because my husband and I are flanked by our two dear friends -  strong as angel wings beside us.

The judge asks my husband questions like,

If the phone rings would you answer it?

Yes, but I may not know who is speaking, or understand what they say.

If your wife was out and the plumber was coming would you be able to....

What’s a plumber?

The judge asks me,

Would your husband be able tell someone that the house was on fire.

Yes but he wouldn’t be able to say, “Get the fire extinguisher”.

When the judge says he can’t understand how my husband can still drive which is a complex and  potentially dangerous activity our friend who is representing us and has already made wonderful interventions and should be a lawyer, steps in and explains about how semantic dementia doesn’t affect motor ability. The Doctor on the dias nods his head - he has already told the judge that it is a rare condition - I'm sure he's on our side.

In the end - less than an hour - but it feels like much more - we win. Which means the appeal is allowed and my husband is entitled to Employment and Support Allowance and should have been put in the Support group in the first place which means he could continue to get a higher level of benefit.  Even the Judge smiles when he has to translate the result for my husband who looks confused. 

We celebrate with coffe and pannini and luscious cakes at Carluccios.

Later at home we read the decision letter and in the notes at the end it says that the Tribunal has no powers to enforce its decisions and that the DWP can suspend payment of any benefit awarded to you if they appeal againt the Tribunal’s decision.

Well there you go....