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Anticipating Tribunal / Appeal
- Victoria Priestley
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6 years 9 months ago #192991 by Victoria Priestley
Anticipating Tribunal / Appeal was created by Victoria Priestley
Dear Everyone. My papers now number 200 pages, and frankly a lot of it is half baked wittering from the DWP. Eventually I suppose I will get a date for the hearing (I am going in person). I have had yet more nonsense from the DWP and it looks like they are flannelling. They keep saying that if I have an issue with the Atos report (which gave fulsome details of a physical medical examination which never took place, which DWP relied on for their poorly justified decision), that I can 'contact the Healthcare Provider'. This is not so. I do not have a contract with Atos. The DWP have a contract, and they represent me. I did not choose Atos. The assessor did his job, and he supported me as best he could.
I know I have enough medical support, and other papers to support me at any hearing. My question is : in the face of incontrovertible evidence that the Atos report was 'adjusted' , or faked, that DWP happily went along with it, is this a strong enough case to take further (Second Tier) as a point of law?
I know I have enough medical support, and other papers to support me at any hearing. My question is : in the face of incontrovertible evidence that the Atos report was 'adjusted' , or faked, that DWP happily went along with it, is this a strong enough case to take further (Second Tier) as a point of law?
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- Gordon
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6 years 9 months ago #193035 by Gordon
Probably not! You cannot appeal to the UTT because you disagree with the Decision or the evidence used in making the Decision, unless you can show that the Tribunal panel have not explained their reasons adequately or no reasonable person would have made the Decision based on the evidence available.
Most Tribunal panels have little or no interest in the assessment report, they want to know how the claimant meets the criteria to score the points for an award.
Gordon
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Replied by Gordon on topic Anticipating Tribunal / Appeal
Victoria Priestley wrote: I know I have enough medical support, and other papers to support me at any hearing. My question is : in the face of incontrovertible evidence that the Atos report was 'adjusted' , or faked, that DWP happily went along with it, is this a strong enough case to take further (Second Tier) as a point of law?
Probably not! You cannot appeal to the UTT because you disagree with the Decision or the evidence used in making the Decision, unless you can show that the Tribunal panel have not explained their reasons adequately or no reasonable person would have made the Decision based on the evidence available.
Most Tribunal panels have little or no interest in the assessment report, they want to know how the claimant meets the criteria to score the points for an award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Victoria Priestley
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6 years 9 months ago #193057 by Victoria Priestley
Replied by Victoria Priestley on topic Anticipating Tribunal / Appeal
Thank you Gordon. From your reply, it sounds like the hearing is another F2F, this time with an independent panel, and they make their decision on the evidence I present on the day, my explanations etc. I have read a lot of the information on this forum.
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- Gordon
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6 years 9 months ago #193067 by Gordon
What type of hearing did you request, an Oral hearing you attend or a Paper one you do not?
Gordon
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Replied by Gordon on topic Anticipating Tribunal / Appeal
Victoria Priestley wrote: Thank you Gordon. From your reply, it sounds like the hearing is another F2F, this time with an independent panel, and they make their decision on the evidence I present on the day, my explanations etc. I have read a lot of the information on this forum.
What type of hearing did you request, an Oral hearing you attend or a Paper one you do not?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Victoria Priestley
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- Victoria Priestley
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6 years 9 months ago #193087 by Victoria Priestley
Replied by Victoria Priestley on topic Anticipating Tribunal / Appeal
Dear Gordon, I requested an oral hearing, as I felt that was the best opportunity to demonstrate and explain difficulties. I shall be accompanied. I am determined to see this through. This afternoon I looked at the sample diaries, which will be useful prompts. I admit to not really wanting to do this, if I don't it will all have been a waste of time.
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- gixxacath
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6 years 9 months ago #193103 by gixxacath
Replied by gixxacath on topic Anticipating Tribunal / Appeal
good luck victoria xx
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