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Appeals additional evidence

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11 years 3 months ago - 11 years 3 months ago #116848 by Anne H
Appeals additional evidence was created by Anne H
Hi, I appealed my tribunal decision that I was not entitled to ESA. I won my appeal,
the original decision was set aside, I now have to go to a new tribunal. I am allowed to submit further evidence. I have information about my medical conditions taken from charities that support and research my illness. The information I have collected backs up my arguments. Is it appropriate to send this information as additional evidence? I don’t want to annoy the tribunal doctor but until I get there, I have no idea what his speciality is. A couple of friends who help me are going to write letters of support for me. Any tips regarding these letters would be very useful. Thanks.
Last edit: 11 years 3 months ago by Gordon.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 3 months ago #116856 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Appeals additional evidence
There are really no tips I can offer on writing letters of support other than to tell things as they are.

I hasten to add I never sat on IB/ESA Tribunals as I specialised in DLA/AA and hopefully will continue to do so with PIP.

I can only advise you have a look at my guide GOOD PRACTICE GUIDANCE FOR THOSE WHO APPEAR BEFORE APPEAL TRIBUNALS

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 3 months ago #116857 by Gordon
Replied by Gordon on topic Appeals additional evidence

HelenaC wrote: Hi, I appealed my tribunal decision that I was not entitled to ESA. I won my appeal,
the original decision was set aside, I now have to go to a new tribunal. I am allowed to submit further evidence. I have information about my medical conditions taken from charities that support and research my illness. The information I have collected backs up my arguments. Is it appropriate to send this information as additional evidence? I don’t want to annoy the tribunal doctor but until I get there, I have no idea what his speciality is. A couple of friends who help me are going to write letters of support for me. Any tips regarding these letters would be very useful. Thanks.


There is no reason why you should not provide this information as evidence, the Judge will almost certainly only have a limited knowledge of medical matters and if your condition is rare or easily confused with another then it will still be of value to the medical member of the panel as well.

That said you should ensure that you do not overload the panel with information, whilst they have a responsibility to look at all evidence that does not mean that they will absorb if it is verbose. I would suggest one good reference document and links to others that they can pursue if they require more information.

Also you should remember that an ESA Decision is based on you meeting the Descriptors and not a specific condition, so you want the evidence to explain why this is the case rather than it covering generalised problems that you might have.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • bro58
11 years 3 months ago - 11 years 3 months ago #116858 by bro58
Replied by bro58 on topic Appeals additional evidence
Hi HC,

Has the original adverse FTT decision been set aside and sent back for re-hearing with "Directions" from the UTT.

I would not worry about upsetting either of the tribunal panel by providing fresh evidence, (if you have been given permission to do so) you are allowed to present your case to the best of your ability.

Doctors on Tribunal Panels are usually (but not always) G.P.'s, so there is no guarantee that they specialise in any particular condition.

You should send any fresh evidence to The TS ASAP, and ideally no less than a fortnight or so before the hearing.

See also : DRUK Factsheet - Appeals Hearings and How to Prepare for them.

bro58
Last edit: 11 years 3 months ago by bro58.

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11 years 3 months ago #116883 by Anne H
Replied by Anne H on topic Appeals additional evidence
Hi Bro58,

Thanks for your info.The UT said that the medical evidence needed to be examined, as it hadn’t been the first time round and they had to explore the impact of work on my health, ‘the tribunal will take a very broad picture as required by law.’

HelenC

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