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USING RECORDING OF ATOS MEDICAL FOR APPEAL

  • Karlo
12 years 7 months ago - 12 years 7 months ago #87282 by Karlo
As a point of law would a recording that has been made and undisclosed at the time be allowed?
Last edit: 12 years 7 months ago by Gordon.

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12 years 7 months ago - 12 years 7 months ago #87284 by carruthers
Replied by carruthers on topic Re:USING RECORDING OF ATOS MEDICAL FOR APPEAL
Karlo wrote:

As a point of law would a recording that has been made and undisclosed at the time be allowed?

Surely the import of the previous posts is that no one here is sure, and would love to find out.

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
Last edit: 12 years 7 months ago by slugsta.

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12 years 7 months ago - 12 years 7 months ago #87285 by Gordon
Karlo wrote:

As a point of law would a recording that has been made and undisclosed at the time be allowed?

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.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 7 months ago by Gordon.

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  • Karlo
12 years 7 months ago - 12 years 7 months ago #87299 by Karlo
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!
Last edit: 12 years 7 months ago by Gordon.

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12 years 7 months ago #87308 by Gordon
Karlo wrote:

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!

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.

Gordon

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

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  • Karlo
12 years 7 months ago - 12 years 7 months ago #87310 by Karlo
So wouldn't the "panel" realistically ask the medical professional to explain conflicting evidence? What position would the op be in if they turned around and said it wasn't them in the recording?
Last edit: 12 years 7 months ago by Gordon.

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