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upcoming appeal

  • foreverfoggy
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10 years 1 month ago - 10 years 1 month ago #118753 by foreverfoggy
upcoming appeal was created by foreverfoggy
Hello There, I have my daughters appeal next week. I have received a letter of apology from atos over the awful misrepresentation they provided when completing my daughters medical report. this coupled with the report I submitted, pointing out where the atos report went wrong, should, mean that they will dismiss the report completely. I am awaiting a report from her consultant that is suppose to be with me by email sometime today. When setting out my argument should I prepare and take this with me or send it to them before hand? and what is the best format to present an argument? All information is suppose to be in by tomorrow but I am still waiting for her Consultants report so it will more than likely be a day or two late. Do you think this will matter? :dry:
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago #118755 by Gordon
Replied by Gordon on topic upcoming appeal
foreverfoggy

You should send any submission or evidence to the Tribunal Service as soon as you can, if you go beyond the 7 days before the hearing, you risk the information not being copied and distributed to all parties, this could result in an adjournment or the information being excluded from the hearing.

If you do take something with you on the day then anything more than a side of A4 is also likely to be frowned upon and could have similar results.

We have some new templates in the ESA section which include a submission

www.benefitsandwork.co.uk/help-for-claimants/esa

Please be aware, for the Consultants report to be considered, ignoring the issues of getting it submitted, it must refer to your daughters condition at the time of that she was last assessed, if it does not then there is every chance that it will be excluded. There is also a possibility that if the ATOS medical report has now been discredited, then the Tribunal will adjourn the case, for a new assessment be carried out.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: foreverfoggy, libran1962

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  • foreverfoggy
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10 years 1 month ago #118760 by foreverfoggy
Replied by foreverfoggy on topic upcoming appeal
Thank you. The Appeal is for DLA but I get the picture. I have already outlined a lot of this when contesting the Atos report. So I will just do a brief bullet point on what I think she is entitled to and why. Do you think that will be ok? I am hoping that they will go easy on her as she is only 16. She is very nervous.

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