Tribunal Evidence
cldcp00
Community member Posts: 23 Connected
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
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
Comments
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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.
I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.If i see a question that i know the answer to i will try my best to help. -
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 -
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 -
Mine is being held at St Helens Desmond its just been a year of waiting too long
susielockett -
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.
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Thanks for the smile chole
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