Employment and Support Allowance (ESA)
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Tribunal Evidence

cldcp00cldcp00 Member Posts: 15 Listener
Hi

I am a bit confused as to what evidence is allowable at the tribunal. I already have my consultants medical report which was dated around the time of my last medical assessment.
I have since appealed and am thinking of obtaining support from my GP but this report would be dated a few months after the medical assessment took place.

On this forum I have read the following post regarding what the tribunal will accept as evidence.

The tribunal are only allowed to consider how your disabilities were at the time of the assessment as they are now even if they have got worse.

If the evidence from your GP relates to your condition at the time of the assessment then you should send it if it relates to a later condition then you should hold it for next review or new claim.

Could someone clarify for me what the position is regarding submitting evidence. I really do not want to waste my doctors time by getting him to write a letter of support which is not going to be considered during my appeal.

Regards

Desmond

Replies

  • poppy123456poppy123456 Member Posts: 22,910 Disability Gamechanger
    It means that any worsening of condition since the decision was made can't be taking into consideration. It doesn't mean you can't send more evidence.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • susielockettsusielockett Member Posts: 53 Courageous
    I just got my hands on everything medical including reports from the very beginning of my disability. I think that if you send whatever you can get your hands on is a sure way of not forgetting something. I have an appeal at the end of the month, its been 12 months since my assessment. I had some test done after the assessment (though I mentioned to the assessor that I was waiting for appointments and what they were for) and have only just got a diagnosis . I have sent copies off anyway and just hope they will see that I had this disability from the beginning and not just at the assessment.
    susielockett
  • cldcp00cldcp00 Member Posts: 15 Listener
    Thanks all for your comments much appreciated.

    Susie
    Is your appeal being held in London?
    Just wanted some Idea of how long I am going to have to wait.
    Regards
    Desmond
  • susielockettsusielockett Member Posts: 53 Courageous
    Mine is being held at St Helens Desmond its just been a year of waiting :/ too long
    susielockett
  • mikehughescqmikehughescq Member Posts: 7,108 Disability Gamechanger
    Any evidence can be submitted for consideration. There is no rule which rules out evidence dated after your date of claim. However, it won’t be much use unless it tells them what you were like on the date of claim itself. 
  • pigeon55pigeon55 Member Posts: 116 Courageous
    I had my tribunal appeal heard a few weeks ago. I kept to the rules of only using medical evidence prior to my assessment. At the tribunal hearing the dwp representative made a big point of my holiday I had just returned from. When I recived the tribunal court dession this was highlited in there dession. How can it be that I can only use medical information prior to assment and the court of appeal take note of the holiday is had 2 weeks prior to the hearing wich influenced there dession.
  • mikehughescqmikehughescq Member Posts: 7,108 Disability Gamechanger
    For exactly the reason in my prevuios post. There is no such rule.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    @Quinlan1, you may find this useful :)
    Scope

  • Quinlan1Quinlan1 Member Posts: 33 Connected
    Thanks for the smile chole

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