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Re Evidence not Submitted

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11 years 10 months ago - 11 years 10 months ago #88685 by dilys
Re Evidence not Submitted was created by dilys
Hello
I went to my Tribunal recently and presented the Clerk with additional evidence, It was explained there might be an adjournment, my Disability Rep was adamant he did not want an adjournment, stating I would have an opportunity at the end, which I didn't because the court was running late, and also I had the most horrible doctor, who made comments about my clothes and how I was dressed, and where did I go shopping, her facial expression was so off putting,she appeared to sneer, when I tried to explain how even holding a newspaper up was difficult because I have Cervical Spondylitis and Fibromyalgia and osteoarthritis all over my body,an unstable sacro illiac in my spine ,and have chronic pain and inflamation, and cannot work more than 30 to 40 metres without pain or discomfort, all confirmed by my gp and consultant in letters, so I felt really humiliated, at the end I just said how the chemical poisoning I have sustained has greatly affected my life. It was even asked if my consultant was qualified to comment on my Dysfunctional gut, A little later I tried again and was then told they were running late and could not hear any more. there was so much I could have said. You can guess the outcome I lost my appeal. I have now found a Macmillan Benefits Advisor who is supporting me, we are appealing to the Judge for a Set Aside and Statement of reasons. Do I have A chance if this fails for another Tribunal to present so much evidence that I found after studying your wonderful site. Thank you so much for helping us all.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #88692 by Gordon
Replied by Gordon on topic Re:Re Evidence not Submitted
Dilys

If your request for a Set Aside fails you may be able to make an appeal to the Upper Tribunal based on there having been an Error of Law in the original proceedings, these are however, matters you should be discussing with your representative.

What I will say is that these processes can take a considerable period of time to be resolved. You don't say whether you were appealing a reduced award or a refusal, but if the latter, you might want to look at making a new claim for the benefit in question. Again, you should discuss this with your rep before making a decision.

Gordon

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

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11 years 10 months ago - 11 years 10 months ago #88696 by dilys
Replied by dilys on topic Re:Re Evidence not Submitted
Dear Gordon
I was appealing to be put into the Support Group from the Wrag. One of the pieces of evidence was that, I was never asked how far could I mobilse, and the Dr had said in her notes she had observed me walking slowly for 8 metres, and was awarded 9 points for being able to walk 100 metres, I have written evidence from my GP and consultant who have said I can only walk between 30 to 40 metres without experiencing pain and discomfort.Neither could I use a manual wheelchair because of the pain and reduced grip in my hands.
Thank You
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #88702 by Gordon
Replied by Gordon on topic Re:Re Evidence not Submitted
Dilys

You may be able to argue that failing to take account of your extra evidence was a breach of Natural Justice, see

What is an Error of Law?

However, these are matters that we really cannot advise on in the forum.

Gordon

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

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11 years 10 months ago #88705 by dilys
Replied by dilys on topic Re:Re Evidence not Submitted
Dear Gordan
Your reply is very much appreciated.I will certainly take further advice.
Dilys

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11 years 10 months ago - 11 years 10 months ago #88936 by dilys
Replied by dilys on topic Re:Re Evidence not Submitted
Dear Gordon
Thank you for your comments, just wanted to say I have since we last spoke, written to the Judge, respectfully asking for a Set aside and for the Statement of Reasons, I stated in the letter how humliated and intimatated I felt by the Doctor's Attitude, and how I wish I had,at time the strength to ask the Judge to note what was happening. I want to ask your opinion about the comments the Atos Dr stated after the original Medical in her Summary. Under Expected Change: Functional Problems: She states:I advice that a return to work is unlikely for at least 2 years. Reasons for the Opinion Given. The Medical Evidence, history and examination indicates Client is unlikely to return to work in the longer term. I have Cervical Spondylitis, and OsteoArthritis in my knee and hands which is degenerative, Also Both My GP and Consultant and submitted Evidence to state I could only walk between 30 to 40 metres before experiencing pain and discomfort, the Atos DR stated I could walk 100 metres and so gave me 9 points (instead of 15,) for walking less than 50 metres and yet she has stated she only observed me for 8 metres.
What do you think of this evidence? I hope I have the opportunity to submit. If the Judge refuses. What is the next correct procedure? The Upper tribunal or a supersession I have read that you have mentioned on previous occasions.
Last edit: 11 years 10 months ago by slugsta.

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