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Question on an appeal or a change in circumstances

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1 week 2 days ago #304641 by BIS
Hi Onyx123

Good for you. You don't need to submit what you sent to the DWP previously. The DWP will have to provide a bundle which should include everything you previously sent as they have to show what they used to make the decision. If, however, there are things missing, you will have time to send them in before the Tribunal takes place.

The best of luck putting everything together.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 week 2 days ago #304683 by Onyx123
Hi Bis,

Will I get a copy or can I request a copy of the file.

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1 week 1 day ago #304689 by BIS
Hi onyx123

The Tribunal Service asks the DWP to prepare a bundle, and when they receive it, they will then send a copy on to you.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Onyx123

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1 week 23 hours ago #304731 by Onyx123
Hi Bis,

One more question can I point out case law to thr tribunal?

Onyx123.

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5 days 20 hours ago #304784 by LL26
Hi Onyx123,
It is perfectly ok to cite caselaw. Is this a general question, or do you have a specific area of caselaw in mind?
Be absolutely certain about what the case says, and that it truly applies. Otherwise there is always the danger that the Tribunal will refer to the case and ask you to explain the relevance.
I think it is always a good idea to remind the tribunal of Regulations 4(2A) & 7. - reliability criteria and majority of days Reg 7 also includes aggregating provisions and highest value to be scored if more than one of the descriptor set applies.
Reliability is safety, reasonable time, repetition and acceptable standard.
Let me know if you need any specific help with caselaw.
I hope this helps.
LL26

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4 days 21 hours ago #304826 by Onyx123
Hi, LL26,

I have seen examples of case on the site that refers to 4(2A), 7. Speed at what a person walks, at, taking pain into account and it affects the ability to walk. They use the term repeatedly but I don't really know what they mean by repeatedly. The terminology used by the DWP can be confusing to understand what they mean.

Onyx123.

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