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- USING RECORDING OF ATOS MEDICAL FOR APPEAL
USING RECORDING OF ATOS MEDICAL FOR APPEAL
- Karlo
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- carruthers
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Surely the import of the previous posts is that no one here is sure, and would love to find out.As a point of law would a recording that has been made and undisclosed at the time be allowed?
They are certain that it would be very unlikely to succeed if it's pulled out of the magician's hat at the last moment.
So the best advice seems to be to notify the tribunal of the existence of such a recording and request that it be allowed as evidence. Be prepared to be told "No" or to be ordered to provide copies for the DWP well in advance.
Then tell us here what happens
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- Gordon
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There is no clear answer to this and until a Benefits Tribunal accepts or rejects a recording of a medical, either covertly or by the DWP, there won't be, and even then, a definitive answer may not be available until an Upper Tribunal judge rules on the case.As a point of law would a recording that has been made and undisclosed at the time be allowed?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Karlo
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- Gordon
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The issue is not particularly whether the recording is legal or not, but whether the Tribunal panel is obliged to accept it as evidence, although I think it more likely that issue will be whether the panel want to spend their time exploring the content of the medical to this degreee.In my opinion producing a covertly recording at a triburnal, be it declared and made available to all, could open a whole new tin of worms! Will it be viewed as underhanded and potentially do more harm than good? It's a complex situation and I'd be inclined to seek legal advice before declaring it!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Karlo
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