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- Will tribunal already have DWP's statements. CD?
Will tribunal already have DWP's statements. CD?
- cemac
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I had the interview recorded, shows how assessor extrapolated from evidence -eg walk 20 metres so can walk 200metres, plus length of interview was shorter (1 hour 40 minutes) than she claimed. I have a letter from my GP and hope to have blood test results to show the arthritic condition has got worse.
But I have 43 pages of transcription, took months to do as I struggle to do much at any time. Also 9 pages of notes.
I took advice, very helpful but I am a bit concerned as it was to only send about a page of A4. Will the Tribunal have the ESA50 and the statements from DWP? I would like to refer to some of it as much including a letter I took to the interview as my condition has deteriorated, was ignored.
I sounded very confused on the recording - ME/CFS meant I arrived exhausted, and am not sure how well I will be able to explain anything.
At the same time I don't want to send things which may be ignored due to time constraints,, or bore them to tears! Plus postage is not cheap!
Which is best, more or less?
Thanks for all your advice
Cemac
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- slugsta
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
Any evidence that you send to the tribunal will be copied to the DWP, likewise any evidence provided by the DWP will be copied to you.
The objective of this is that The TS, The DWP and yourself all have access to the same evidence.
With regards to your evidence/arguments, obviously keep it to a minimum, whilst not omitting important evidence
It is good practice to create it like a file, numbering pages and paragraphs so that you can refer to them easily, and more importantly the Tribunal can refer to them, just as easily.
You can even provide an index at the front.
You can then write up a 1 or 2 page submission, try and keep this to bullet points, citing which legislation/arguments you are relying on, and referring to any extracts/ pages/ paras from your main bundle.
The easier that you can make it for the tribunal to understand your grounds for appeal, the better.
You should shy away from providing too much fresh evidence on the day of the hearing. A few pages may be acceptable, however if you turn up with many pages of fresh evidence, it may be classed as inadmissible, or it could result in an adjournment.
Although the Pdf's below are intended to guide representatives, you may find Judge Boyd's comments helpful :
Advice for Tribunal Reps
Advice for Tribunal Reps
bro58
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- bro58
Remember, as you are a lay person representing yourself, the Tribunal's expectations of your presentation/evidence will be much lower than they would be for a trained Rep or WRO/WRA.
It will be quite an informal affair, with a two member panel :
Disability Rights UK Factsheet - Appeals and reconsiderations
MOJ Video of ESA Appeals Process and Tribunal
bro58
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- cemac
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I was not sure what to do as I wanted to refer to the DWP paperwork. Your replies have made it a lot clearer now I know what I need to send and what will be there already.
I don't want to carry anything extra on the day, getting there will be quite enough effort.
Thank you for all your help, B&W has a calming effect when I know I'm not alone.
Cemac
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- bro58
cemac wrote: Thanks Mrs Hurtyback and Bro,
I was not sure what to do as I wanted to refer to the DWP paperwork. Your replies have made it a lot clearer now I know what I need to send and what will be there already.
I don't want to carry anything extra on the day, getting there will be quite enough effort.
Thank you for all your help, B&W has a calming effect when I know I'm not alone.
Cemac
Yes c,
You can refer to any extracts from the DWP's evidence pack/bundle, as well as your own file/bundle.
Please keep us updated, and good luck !!!
bro58
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