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is medical evidence time limited?

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11 years 9 months ago - 11 years 9 months ago #89035 by petrocelli
is medical evidence time limited? was created by petrocelli
may i ask please whether there is a time limit on validity of medical evidence and reports sent in with appeal papers do you know?

EG: if you appeal takes 6, 12+ months, could it be argued that the reports you sent in were out of date?

many thanks.

petrocelli.
Last edit: 11 years 9 months ago by slugsta.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 9 months ago #89037 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:is medical evidence time limited?
Hi P,

Not from my experience. It's not your fault that the DWP & Tribunals are bogged down with Decision Making and/or Appeals.

Good luck. :)

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 9 months ago #89038 by Gordon
Replied by Gordon on topic Re:is medical evidence time limited?
petrocelli wrote:

may i ask please whether there is a time limit on validity of medical evidence and reports sent in with appeal papers do you know?

EG: if you appeal takes 6, 12+ months, could it be argued that the reports you sent in were out of date?

many thanks.

petrocelli.

A Tribunal can only review your condition(s) as they were at the time of the Decision you appealed, so providing your evidence relates to this time, it does not matter, in this context anyway, whether a hearing takes a month or a year to be held.

Gordon

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11 years 9 months ago - 11 years 9 months ago #89081 by Liz944
Replied by Liz944 on topic Re:is medical evidence time limited?
Although this was not related to either ESA or DLA I feel it has some relevance to the situation you mention. I currently have an Industrial Injuries Disablement Benefit appeal which has been dragging on for over two years for a number of reasons. I recently wrote to the tribunial service and in passing mentioned that all the evidence originally given is now out of date as my condition has worsened. The tribunial service have asked for permission for a second time to get my upto date medical records from the last time they asked to the present.
Last edit: 11 years 9 months ago by slugsta.

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