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Dirty Tricks!
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8 years 5 months ago #144272 by Gordon
This is completely incorrect and illegal.
The DWP must provide any and all documents used in the making of the Decision, they have no discretion over this. It would be like the prosecution in a murder trial not providing the defence with evidence that showed that the defendant could not have committed the crime, just to win their case.
Gordon
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Replied by Gordon on topic Dirty Tricks!
tedthered64 wrote: Quick update.
First of all apologies for posting before my last post is answered.
I have spoken to the tribunals service today and was informed by a really helpful clerk that the DWP will only provide evidence in their bundle that is helpful to them!
They are within their rights to hold back anything that may be helpful to me, I find this appalling.
However, I am advised to send my evidence to the tribunal service by recorded delivery and they will forward a copy on to the DWP and may ask them why it was not included in the original bundle.
Again, is this what I should do.
Thank you
Ted
This is completely incorrect and illegal.
The DWP must provide any and all documents used in the making of the Decision, they have no discretion over this. It would be like the prosecution in a murder trial not providing the defence with evidence that showed that the defendant could not have committed the crime, just to win their case.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 5 months ago #144285 by tedthered64
Replied by tedthered64 on topic Dirty Tricks!
Hi Gordon,
Thank you for the reply.
I have all the information in front of me and can show with 100% certainty that the DWP withheld the information I provided them with when sending in my mandatory request.
I have proof of receipt that they recieved this and indeed they have included some of the other evidence to the tribunal that I sent in the same envelope I sent it to the DWP!
It was a detailed response highlighting all the reasons of why I felt I met the descriptors, 9 pages in total, this is what they 'neglected' to provide to the tridunal service in their bundle.
What should I do next Girdon.
Regards
Ted
Thank you for the reply.
I have all the information in front of me and can show with 100% certainty that the DWP withheld the information I provided them with when sending in my mandatory request.
I have proof of receipt that they recieved this and indeed they have included some of the other evidence to the tribunal that I sent in the same envelope I sent it to the DWP!
It was a detailed response highlighting all the reasons of why I felt I met the descriptors, 9 pages in total, this is what they 'neglected' to provide to the tridunal service in their bundle.
What should I do next Girdon.
Regards
Ted
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8 years 5 months ago #144305 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Dirty Tricks!
Ted
I would provide the evidence to the TS with a covering letter saying that it had not been included in the DWP bundle and that as far as you are aware it was available to the Decision Maker when then made the Decision, you can reference the fact that information that was in the same envelope was supplied.
However, the Tribunal are not overly interested in how the DWP made their Decision although they will not ignore it, their goal is to make a Decision from scratch, so you still need to concentrate on showing that you meet the criteria for an award.
Gordon
I would provide the evidence to the TS with a covering letter saying that it had not been included in the DWP bundle and that as far as you are aware it was available to the Decision Maker when then made the Decision, you can reference the fact that information that was in the same envelope was supplied.
However, the Tribunal are not overly interested in how the DWP made their Decision although they will not ignore it, their goal is to make a Decision from scratch, so you still need to concentrate on showing that you meet the criteria for an award.
Gordon
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The following user(s) said Thank You: tedthered64
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- tedthered64
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8 years 5 months ago #144308 by tedthered64
Replied by tedthered64 on topic Dirty Tricks!
Thanks Girdon,
That's exactly what I will do.
Ted
That's exactly what I will do.
Ted
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