USING RECORDING OF ATOS MEDICAL FOR APPEAL

Fedup

As of the current date, I am not aware of anybody presenting "recorded" evidence of their medical to a Tribunal, that is not to say that it hasn't happened, just that I have not seen it reported anywhere.

As there is no precedent for the inclusion of this type of evidence, I can only advise on what I believe will be required.

So I would expect you, in order for Natural Justice to be seen to be done, to have to provide the whole recording rather than edited excerpts, to allow the DWP to rebutt any comments that might be made.

Anything you want the panel to look at needs to have been transcribed in advance and made available to all parties (through the Tribunal Service), I think it unlikely in the extreme that the panel will listen to the the tape on the day of the hearing.

The DWP may challenge the admissability of this evidence, whether it is accepted or not is at the discretion of the panel, although you can argue that in the cause of Natural Justice, that it should be accepted.

You need to be aware that the DWP will be entitled to use their own "excerpts" to prove a point in exactly the same way as your brother intends, this may be to his disadvantage.

Remember, the court is more interested in whether your brother meets the ESA criteria, than looking at why the DWP and ATOS say he doesn't, so don't ignore this aspect of his case and don't be surprised if the Tribunal are not overly interested in looking at your additional evidence.

Gordon