Application No: A82/98(DLA)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS
(NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (CONSEQUENTIAL PROVISIONS)
(NORTHERN IRELAND) ACT 1992

DISABILITY LIVING ALLOWANCE

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 Disability Appeal Tribunal
dated 27 January 1998

DETERMINATION OF THE SOCIAL SECURITY COMMISSIONER

1.	This is an application for leave to appeal against a decision dated 27 January 1998 of a Disability Appeal Tribunal (hereinafter called "the Tribunal").  Mr S... sought leave to appeal by the OSSC1 form dated 12 April 1998 to which he had appended a letter and various other documents.  

2.	I held an oral hearing of the application.  Mr S... did not attend stating that he was physically unable to do so but wished the hearing to take place in his absence.  Mrs Gunning attended the hearing to represent the Adjudication Officer.  Mrs Gunning opposed the appeal stating that there was no error in the Tribunal's decision.  It was a decision the Tribunal was entitled to come to.  Mr S... had identified no error of law in the decision.

3.	My decision is that the application for leave is dismissed.  Mr S... has identified no error of law in the decision.  Specifically the Tribunal was entitled on the evidence before it to reach the conclusion that it did in relation to Mr S...'s fibromyalgia being a mental, not a physical, condition.

4.	I am unable to identify any other error of law in the decision and I therefore dismiss the application.

	(Signed): M F Brown 

	COMMISSIONER

	10 March 1999