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"New" evidence at a Tribunal
- Gordon
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13 years 6 months ago #29026 by Gordon
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"New" evidence at a Tribunal was created by Gordon
I'm trying to get a clear understanding of what can and cannot be introduced as evidence at an ESA tribunal.
I understand that evidence that post dates the original decision is not normally admitted, but what is the situation regarding evidence that was available, but not raised in your ESA50 on your medical?
So a big example would be reports from my GP and Well-being counsellor. Neither I or the DWP have previously requested this info, but I would like to include it in my submission to the tribunal.
A small example would be with regard to my memory and concentration and having to be reminded to take my tablets everyday, which I did not refer to on my ESA50 or in the medical. I would like to include this level of detail as part of the reason why I believe I should be awarded points.
Hope this makes sense.
Steve
I understand that evidence that post dates the original decision is not normally admitted, but what is the situation regarding evidence that was available, but not raised in your ESA50 on your medical?
So a big example would be reports from my GP and Well-being counsellor. Neither I or the DWP have previously requested this info, but I would like to include it in my submission to the tribunal.
A small example would be with regard to my memory and concentration and having to be reminded to take my tablets everyday, which I did not refer to on my ESA50 or in the medical. I would like to include this level of detail as part of the reason why I believe I should be awarded points.
Hope this makes sense.
Steve
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- Derek4
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13 years 6 months ago #29042 by Derek4
Replied by Derek4 on topic Re:"New" evidence at a Tribunal
Hi Steve
You can raise any issue that has not been raised on your ESA50 as long as it was valid at the time of the decision.
This includes GP reports and evidence (including your own recollections) produced after the decision, as long as it refers to around the time of the decision.
The tribunal may enquire why some information is produced now and not on the ESA50. However, as the questions on an ESA50 are quite misleading and often irrelevant it shouldn't be too difficult to explain.
Derek
You can raise any issue that has not been raised on your ESA50 as long as it was valid at the time of the decision.
This includes GP reports and evidence (including your own recollections) produced after the decision, as long as it refers to around the time of the decision.
The tribunal may enquire why some information is produced now and not on the ESA50. However, as the questions on an ESA50 are quite misleading and often irrelevant it shouldn't be too difficult to explain.
Derek
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- Gordon
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13 years 6 months ago #29043 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:"New" evidence at a Tribunal
Many thanks
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