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Appeal paper work ?

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jottom
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11 years 3 weeks ago - 11 years 3 weeks ago #101835 by jottom

Appeal paper work ? was created by jottom

Hello,
As expected I have received Drs 'report'. I am truly shocked at the inaccuracies it contains [content removed]

Will a tribunal watch the entire video recording that I made of his visit [content removed]

Ok rant over, now to my question!

I have followed the info in the booklet and scrutinised every word and prepared what I feel is a complete rebuttal. This is some 11 pages long, covering every detail from incorrect medications, missing disagnosis etc etc.e
I also pointed out that in the DMs award letter, it states that I am not at risk of falling but in the appeal papers states that I can minimise the risk of falling. Surely this means that the DM accepts I am at risk of falling !!! If this is a point of Law how many falls are legally acceptable !!! ( rhetorical question)

Do I know send a copy of my rebuttal to the DWP?
I have not recieved the tribunal notification as yet but I assume that I send it to them as soon as it arrives.
It will include a new Consultants report. So do the DWP have to do a second reconsideration or is it now all down to the Tribunal.?

Thanks for your thoughts.

Last edit: 11 years 3 weeks ago by Gordon. Reason: removed libelous statements

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Gordon
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11 years 3 weeks ago - 11 years 3 weeks ago #101843 by Gordon

Replied by Gordon on topic Appeal paper work ?

jottom

To try and answer your questions.

Does a Tribunal have the discretion to watch your video, yes! Is it likely that they will, no! Tribunals tend to only last 40-50 minutes, so they do not normally have time to listen to or watch a video of a claimants assessment, nor are there usually the facilities for them to do so.

If you want to introduce it as evidence then it would be best if you supplied them with a copy of the video and a full transcript of the assessment.

If your papers have not been sent to the Tribunal Service then you should send any submission and evidence to the DWP office that normally deals with your claim, mark it for the attention of the Decision Maker, see

Sending Documents to the DWP or ATOS

Whilst it is usually important to re-butt the contents of the medical report, you will only win your appeal, by showing that you meet the criteria for the level of DLA that you believe you should be receiving, this should be your primary focus.

Gordon

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

Last edit: 11 years 3 weeks ago by Gordon.

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jottom
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11 years 3 weeks ago - 11 years 3 weeks ago #101846 by jottom

Replied by jottom on topic Appeal paper work ?

Thanks Gordon,

I think I have covered many points in my submission, but should I virtually 'spell' it out in a format such as: I believe I meet the criteria for HRM because I......
Should I do this for every point or just write an all encompassing statement at the end ?

Is this used/read by a DM for a second reconsideration or just forwarded to the Tribunal.

I have 3 upcoming appts with separate consultants and once I have received their reports and
sent them on to the DWP/DM do they trigger another reconsideration ?

Thanks

Last edit: 11 years 3 weeks ago by Gordon.

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Gordon
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11 years 3 weeks ago #101851 by Gordon

Replied by Gordon on topic Appeal paper work ?

jottom wrote: Thanks Gordon,

I think I have covered many points in my submission, but should I virtually 'spell' it out in a format such as: I believe I meet the criteria for HRM because I......
Should I do this for every point or just write an all encompassing statement at the end ?

Is this used/read by a DM for a second reconsideration or just forwarded to the Tribunal.

I have 3 upcoming appts with separate consultants and once I have received their reports and
sent them on to the DWP/DM do they trigger another reconsideration ?

Thanks

The process is that a second DM will carry out a Reconsideration of claim, using the original documentation and anything you send in with reference to your appeal, if they do not change the original Decision, then your papers will be forwarded to the Tribunal Service for an appeal.

Once your papers are with the TS, then all further correspondence should be made to them and they will forward it to the DWP, they should review anything new that they receive, but at this stage you would need to hi-light a significant and new problem with the original paperwork, for them to carry out another Reconsideration.

In terms of you presenting your information, the easier you make it for them to make a Decision in your favour the better, so if you believe that there are specific reasons why you meet the DLA criteria then you should state this, the worst they can do is disagree with you

Gordon

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

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