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providing further evidence for appeal

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11 years 7 months ago - 11 years 7 months ago #91726 by chunkie
providing further evidence for appeal was created by chunkie
hiya, ive had a reply regarding my esa and after a medical i was rewarded 6 points, i only come across this site after id sent it off :( anyways im in the middle of filling out my appeal using your guides, and ive confused myself a little. when i was filling out the claim form i asked my doctor for a medical note to support my claim and his reply was that theres no need because atos (or dwp cant remember) would contact them direct if they required more information, so following this advice i sent my claim with no evidence to support anything id said. now that ive come to filling out my appeal i can see its adviseable to say that "i will provide further evidence as soon as this becomes availiable" only im worried i wont be able to get this info incase im told the same as last time, if i send off this appeal how long will i have to send this "evidence" if i can get any at all? and by "further evidence" am i right in assuming thats a medical record or is there something else aswell? sorry for all the questions and thanks in advance :)
Last edit: 11 years 7 months ago by slugsta.

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11 years 7 months ago #91730 by Gordon
Replied by Gordon on topic Re:providing further evidence for appeal
Chunkie

There are two phases to an appeal, first the DWP will carry out a Reconsideration of the original Decision, if this fails then your papers will be forwarded to the Tribunal Service for an Appeal.

Reconsiderations are taking anywhere from a couple of months to 5 or 6 months in the extreme, the average is about 3-4 months. Tribunals are typically taking 6-9 months from when the Tribunal Service receive the documentation.

You can submit evidence to both of the processes. I would aim to have anything you want to be considered as part of the Reconsideration within 4 weeks of lodging your appeal and at worst 6 weeks, there may be time after this to submit evidence, but it cannot be guaranteed.

If you are passed to the Tribunal Service then you should aim to send your evidence within one month of your receiving the papers, although in practice you can usually continue to send information up to about 2 weeks before the hearing.

With regard the DWP contacting your GP, they are not obliged to do so, and in the majority of cases will not, having made a Decision on your claim they will not not now contact your doctor for any information, so if you need them to comment on your condition(s) then you are going to need to pursuade them to do so.

You can access your medical records, see

Requesting your medical records

Charging for medical records

If you have further questions, please come back to the forum.

Gordon

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

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