What Evidence Can Be Used?

Since May this year, when the HM Courts agreed to open an appeal against the decision made to put my dad into the WRAG November 2012 (his money has now stopped) we have been gathering bits and pieces of evidence regarding my dad’s condition. So far we have 2 letters from his doctor, two from his consultant, and a support letter from the National Ankylosing Spondlitis Society.

We’ve attempted to use some of this evidence to turn around his final assessment decision Oct ’13 but as yet we’re still waiting on a final decision - last we heard the DWP are waiting on an update from ATOS.

I spoke to the HM Courts this morning, they estimate my dad’s hearing from November 2012 decision will not be heard until June or July 2014 - still a fair way away. Our question: When this hearing eventually comes through will it be okay to use all this evidence collected?

Bluebear wrote: Since May this year, when the HM Courts agreed to open an appeal against the decision made to put my dad into the WRAG November 2012 (his money has now stopped) we have been gathering bits and pieces of evidence regarding my dad’s condition. So far we have 2 letters from his doctor, two from his consultant, and a support letter from the National Ankylosing Spondlitis Society.

We’ve attempted to use some of this evidence to turn around his final assessment decision Oct ’13 but as yet we’re still waiting on a final decision - last we heard the DWP are waiting on an update from ATOS.

I spoke to the HM Courts this morning, they estimate my dad’s hearing from November 2012 decision will not be heard until June or July 2014 - still a fair way away. Our question: When this hearing eventually comes through will it be okay to use all this evidence collected?

Hi Bb,

Any supportive evidence that you can collate before the hearing cab be submitted to The Tribunal (preferably no later than a fortnight before)

The important issue with any such evidence is that it refers to, and is tied to, the date of the original adverse decision that has been appealed. (Which seems to be a WRAG award made in November 2012)

This is important, as the Tribunal will only re-look at whether the WRAG decision was correct in November 2012, when it was originally made, and will not take into account how your Dad has been since that time.

bro58

The most recent letter from my dad's family doctor lists a lot of important information which will hopefully help in the hearing when it comes around, and fingers crossed with the reconsideration from his final assessment (which we're waiting for a decision on).

With regards to linking any evidence to original appeal he actually states:

"I have realized that there are other salient points which could have been mentioned previously that may be useful clarification on his case"

Fingers crossed...

Bluebear wrote: The most recent letter from my dad's family doctor lists a lot of important information which will hopefully help in the hearing when it comes around, and fingers crossed with the reconsideration from his final assessment (which we're waiting for a decision on).

With regards to linking any evidence to original appeal he actually states:

"I have realized that there are other salient points which could have been mentioned previously that may be useful clarification on his case"

Fingers crossed...

Good Luck Bb,

Please keep us updated.

The mistake that many appellants make is assuming that The Tribunal will take evidence into account that is pertinent to a change or deterioration in their condition since the date of the decision that they have appealed.

The Tribunal cannot do this.

So the date of any evidence that you may acquire is not important, as long as it is pertinent to Dad's condition in Nov 2012.

bro58