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Tribunal - DWP withholding evidence?

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5 years 9 months ago #214174 by LV
Hello All,

First of 2 posts regarding the DWP and my Tribunal appeal.

On my PIP1 form there's a Q about DLA where the DWP ask for permission to use information used to support my previous claim(s) for DLA. I ticked most of the boxes to allow the DWP to use pretty much any medical evidence it had on me to support my claim.

No surprise that the DWP decided I scored zero points, even after MR. I've now started a Tribunal appeal and have been sent the DWP "evidence" pack. There's no historical evidence at all.

Should the DWP have provided the Tribunal panel with this historical evidence?

The DWP may not want to acknowledge this historical evidence as it supports my case! However, surely it is for the Tribunal to decide what evidence is relevant to my case rather than the DWP withholding it.

Any advice appreciated.

Thanks.

L.

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5 years 9 months ago #214200 by Gordon
Replied by Gordon on topic Tribunal - DWP withholding evidence?
Chockfan

Looking back at your previous posts this was a reassessment, this being the case then the DWP would not have used any of the information from a previous DLA claim as it would no longer be considered as relevant.

If you think that the evidence is still relevant then there is nothing to stop you including it with your appeal, but you will need to explain why it is relevant to your conditions as they are now and the PIP activities against which you were assessed.

Gordon

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

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