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ESA tribunal evidence

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11 years 1 month ago #100470 by gary
Replied by gary on topic ESA tribunal evidence

bro58 wrote:

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


:) thanks

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11 years 1 month ago #100471 by gary
Replied by gary on topic ESA tribunal evidence

bro58 wrote:

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


thanks thats clearer
:)

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