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extra evidence esa
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11 years 10 months ago - 11 years 10 months ago #107904 by Mags
extra evidence esa was created by Mags
Sorry to be a nuisance, but brain fog doesn't help when trying to work things out!
I am sending off for a SAR from DWP (a moment of no brain fog), and although it takes a while to come, if I fail my f2f on 8th August and there is something in the records that would help my case, am I allowed to use it or not in an appeal?
Many thanks again
Mags
I am sending off for a SAR from DWP (a moment of no brain fog), and although it takes a while to come, if I fail my f2f on 8th August and there is something in the records that would help my case, am I allowed to use it or not in an appeal?
Many thanks again
Mags
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago - 11 years 10 months ago #107907 by Gordon
You are entitled to see any documents used in the making of any Decision on your claim, if you appeal then these should all be sent to the Tribunal Service anyway, but you can obviously check that this happens as you will receive copies.
Any SAR you submit now may not capture these documents if it is serviced quickly, so you can either wait until after your f2f, at least a week, or make a second request.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic extra evidence esa
Mags wrote: Sorry to be a nuisance, but brain fog doesn't help when trying to work things out!
I am sending off for a SAR from DWP (a moment of no brain fog), and although it takes a while to come, if I fail my f2f on 8th August and there is something in the records that would help my case, am I allowed to use it or not in an appeal?
Many thanks again
Mags
You are entitled to see any documents used in the making of any Decision on your claim, if you appeal then these should all be sent to the Tribunal Service anyway, but you can obviously check that this happens as you will receive copies.
Any SAR you submit now may not capture these documents if it is serviced quickly, so you can either wait until after your f2f, at least a week, or make a second request.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago - 11 years 10 months ago #107914 by Mags
Replied by Mags on topic extra evidence esa
Hi Gordon
Thanks for the reply, I think I will send this one in and send another one in after my f2f if I need too, I would like to see what the doctor from my last f2f put on my medical file to DWP as I think this might be of help, he was very helpful and careful how he wrote it.
Just another quick question will the DM look at what has been previously written or just use what this f2f turns up?
Thanks
Mags
Thanks for the reply, I think I will send this one in and send another one in after my f2f if I need too, I would like to see what the doctor from my last f2f put on my medical file to DWP as I think this might be of help, he was very helpful and careful how he wrote it.
Just another quick question will the DM look at what has been previously written or just use what this f2f turns up?
Thanks
Mags
Last edit: 11 years 10 months ago by bro58.
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- bro58
11 years 10 months ago - 11 years 10 months ago #107923 by bro58
Hi M,
The official line is that DWP DM's are supposed to take "All" evidence before them, into account.
They are then supposed to make a decision "On the balance of probabilities".
bro58
Replied by bro58 on topic extra evidence esa
Mags wrote: Hi Gordon
Thanks for the reply, I think I will send this one in and send another one in after my f2f if I need too, I would like to see what the doctor from my last f2f put on my medical file to DWP as I think this might be of help, he was very helpful and careful how he wrote it.
Just another quick question will the DM look at what has been previously written or just use what this f2f turns up?
Thanks
Mags
Hi M,
The official line is that DWP DM's are supposed to take "All" evidence before them, into account.
They are then supposed to make a decision "On the balance of probabilities".
bro58
Last edit: 11 years 10 months ago by bro58.
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