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esa decision-making with NO medical evidence
12 years 3 months ago #80342 by bro58
Replied by bro58 on topic Re: esa decision-making with NO medical evidence
carole wrote:
Yes C,
You can submit fresh evidence for your appeal, right up until the hearing.
I'ts advisable however not to leave it until last minute.
It may be advisable to send copies of anything that you send to the Tribunal to the DWP also.
See also :
Preparing for a Tribunal
Adding pages to your submission
bro58
Thankz survivor
But The new evidence is backing up what I DID tell the so called medical person but she just didnt add this or submit the written stuff..
At the time of the medical I still couldent walk more than 10 flippin feet never mind 200mtrs how can any evidence other than MRI etc support this?
Can I not add new evidence to an apeal? I thought you could as long as you tell the clerk???
Yes C,
You can submit fresh evidence for your appeal, right up until the hearing.
I'ts advisable however not to leave it until last minute.
It may be advisable to send copies of anything that you send to the Tribunal to the DWP also.
See also :
Preparing for a Tribunal
Adding pages to your submission
bro58
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12 years 3 months ago #80417 by carole
Replied by carole on topic Re: esa decision-making with NO medical evidence
Hi,
Just went back to My GP and indeed they did not ask for any medical opinions as to my condition ..He is now writing me a medical opinion to send along with one from my health worker..I am also due back with a new neurosureon in 2 weeks so wont wait for his letter as will miss appeal deadline can I take his opinion actually to the tribunal on the day or would you post this to the dwp or the tribunal?? confused as always
Just went back to My GP and indeed they did not ask for any medical opinions as to my condition ..He is now writing me a medical opinion to send along with one from my health worker..I am also due back with a new neurosureon in 2 weeks so wont wait for his letter as will miss appeal deadline can I take his opinion actually to the tribunal on the day or would you post this to the dwp or the tribunal?? confused as always
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12 years 3 months ago #80421 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re: esa decision-making with NO medical evidence
carole wrote: 
When you lodge an appeal with the DWP, they will carry out a Reconsideration of the Decsion. This will be carried out by a different Decsion Maker who will re-evaluate your original evidence AND any new evidence that you submit in the 3-4 week window that they should allow you to do this within.
If you have evidence, such as the GP letter you refer to in your post, you should send it to your local DWP office, for the attenion of the Decision Maker.
If the DM does not revise the Decision, they will then submit your case to the Tribunal Service for an appeal to be heard. Once this happens, you should submit any further evidence to the TS who will then distribute a copy to all concerned parties.
You can continue to submit evidence to the TS up to and including the day of your hearing, but we would strongly recommend you have everything with them at least 14 days before to avoid the possibility of your case being adjourned.
I hope this explains it.
Gordon
I think you are confusing an appeal with a Reconsideration, it's easily doneHi,
Just went back to My GP and indeed they did not ask for any medical opinions as to my condition ..He is now writing me a medical opinion to send along with one from my health worker..I am also due back with a new neurosureon in 2 weeks so wont wait for his letter as will miss appeal deadline can I take his opinion actually to the tribunal on the day or would you post this to the dwp or the tribunal?? confused as always
When you lodge an appeal with the DWP, they will carry out a Reconsideration of the Decsion. This will be carried out by a different Decsion Maker who will re-evaluate your original evidence AND any new evidence that you submit in the 3-4 week window that they should allow you to do this within.
If you have evidence, such as the GP letter you refer to in your post, you should send it to your local DWP office, for the attenion of the Decision Maker.
If the DM does not revise the Decision, they will then submit your case to the Tribunal Service for an appeal to be heard. Once this happens, you should submit any further evidence to the TS who will then distribute a copy to all concerned parties.
You can continue to submit evidence to the TS up to and including the day of your hearing, but we would strongly recommend you have everything with them at least 14 days before to avoid the possibility of your case being adjourned.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 3 months ago #80499 by carole
Replied by carole on topic Re: esa decision-making with NO medical evidence
Thank Gordon the mist is lifting
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