ESA tribunal evidence

hi,
Can a tribunal consider new evidence after the esa questionaire has been submitted ?

Thanks

gary wrote: hi,
Can a tribunal consider new evidence after the esa questionaire has been submitted ?

Thanks

Hi g,

Yes they can, however the evidence will have to be relevant to your medical conditions/limitations at the time of the adverse decision that you have appealed.

That is what they will be looking at, how you were at the time of the adverse decision, not how you may have been at any time since then.

bro58

the new condition wasnt listed on the questionaire, as it ocurred just a few days afterwards.But it happened before the Atos medical and the face to face.

Can i challenge this Atos report at appeal tribunal if the new condition was disregarded?

gary wrote: the new condition wasnt listed on the questionaire, as it ocurred just a few days afterwards.But it happened before the Atos medical and the face to face.

Can i challenge this Atos report at appeal tribunal if the new condition was disregarded?

Hi g,

The Tribunal will take into account any evidence pertaining to your medical conditions "At the time of the actual decision", this will be the active date of the decision, and should be on the Decision Notice letter that you received.

If you did not make ATOS aware of this fresh evidence, then you can not expect them to take it into account.

If you have appealed, did you inform the DWP Decision Maker of this new evidence, so that they could take it into account at the automatic reconsideration stage ?

Again, if you didn't then you cannot argue that the DM should have taken it into account.

bro58

thanks bro58,

Im a bit dumb when it comes to these sort of things, but I think it will be within my rights at the appeal to be able to put my case against the Atos medical Report as the medical would need to have happened before DWP decision.

I think thats correct?

gary wrote: thanks bro58,

Im a bit dumb when it comes to these sort of things, but I think it will be within my rights at the appeal to be able to put my case against the Atos medical Report as the medical would need to have happened before DWP decision.

I think thats correct?

Hi G,

Yes, you may be able to challenge the quality and accuracy of The ATOS Medical Report, but you cannot state that they have failed to take evidence into account, unless you have provided said evidence for their consideration, beforehand.

The Tribunal, however will take into account all evidence pertaining to your limitations at the time of the adverse decision.

bro58