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ESA appeal recorded evidence

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7 years 1 month ago #180993 by Cj
ESA appeal recorded evidence was created by Cj
Hello. Preparing for tribunal of ESA decision, I've found on the official audio recording, information absent or misinterpreted in the DWP submission bundle.
Can I offer this as evidence for appeal tribunal and if so how? , about 15 minutes of content relevant to the information on the CD.

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7 years 1 month ago #181021 by Gordon
Replied by Gordon on topic ESA appeal recorded evidence

Cj wrote: Hello. Preparing for tribunal of ESA decision, I've found on the official audio recording, information absent or misinterpreted in the DWP submission bundle.
Can I offer this as evidence for appeal tribunal and if so how? , about 15 minutes of content relevant to the information on the CD.


I assume you don't mean a document or report but part of the conversation at the assessment.

Although the Tribunal panel have the power to admit the recording as evidence it would be unusual for them to do so, remember, they will only make an award by your showing that you meet the criteria for one, so issues raised during the assessment are not something that they are usually interested in.

So if you want this information to be considered then you need to provide a transcript of that section of the tape, you'll have to explain the relevance and how it contributes to your scoring against the Descriptors. You should offer to provide access to the tape at the hearing if the panel require it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 1 month ago #181061 by Cj
Replied by Cj on topic ESA appeal recorded evidence
Thanks,in DWP submission they write that I said I can carry out various tasks most of the time and doing them is not greatly affected by my health problems. In my conversation with HCP , which is on the recorded CD, I pointed out several times, how those tasks are negatively affected, and having to do certain things make me worse, the HCP verbally acknowledged what I said, but I don't think their report and decision makers notes accurately reflect what was said by me.

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