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TOPIC: Evidence for appeal

Evidence for appeal 6 years 7 months ago #48369

  • Jox
Just a quick question about evidence for a dla appeal.

At the time of my claim, i didnt send any of my own evidence, i just wrote down the name of my gp and consultant as i assumed the dwp would write to them like they did last time.

Anway they refused me based on an old esa medical i asked for a reconsideration and they said to send in any new evidence straight away and it was at this point i contacted my gp and consultant my self for reports which they both wrote and i sent in and it was refused again but they did state in the letter than thoose reports from my gp and consultant where used in the making of the descison as was the esa medical.

the worrying part is i have heard a few people say the tribunal will only acept evidence from the time of the claim was made. like i say initianly i only wrote down the names of my gp and consultant on the form as i did not know you had to send your own evidence. I only got my own evidence when i got the letter saying it was refused at which point i went straight to my gp who was very happy to write a supporting letter for my claim. i had to write to my consultant got his report which took a couple of weeks.

will theese reports still be valid at tribunal? the dwp acknowlaged they used the reports when it was reconsiderd so will the tribunal accept them too?

my argument is that they used a esa medical from 1.5 years before i made the claim and as i stated in the claim my condition had got worse over the last year, using a medical report from 1.5 years before the claim would not give a accurate picture of my needs at the time of the claim which they dont.

both my gp and consultant reports wher up to date and both say how i have pain when walking and have difficulties getting dreesed and washed etc.

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Re: Evidence for appeal 6 years 7 months ago #48376

It's not that the evidence has to be written at the time of the claim, it's that it has to relate to the time of the claim.

So if, say, you claim a benefit in January, then you appeal, and in March your doctor writes a report, then what matters is whether he's saying how you are in March when he writes the report, or how you were in January, when you claimed the benefit. Where a doctor has been seeing you over a period of time, he should be able to say how you were at the time when you made your claim and to make it clear that his report relates to that time.

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Re: Evidence for appeal 6 years 7 months ago #48379

  • Jox
Thanks for clearing that up both my gp and consultant both stated in thier reports that thet where supporting my appeal for dla.

The 1st letter i got from dwp they stated i could walk over 50 meters, my gp wrote a letter stating i have pain at all times when walking not just after 50 meters. it was reconsiderd again and this time they said i could walk over 200 meters! crazy :woohoo:

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