Advice on evidence for tribunal

delrio wrote: Oh and I didn't get the opportunity to submit further evidence. I was in the process of gathering it when they went ahead and did the review of my decision. So that will be submitted once I have it. Should I put a reference of any kind on the envelope when I send that in?

They say they called me and couldn't contact me, but I was in the house all day and the phone never rang.

I will try to incorporate that pain terminology, I find it difficult to explain my pain and in my assessment the woman told me this lovely little story about how a little old lady uses a series of teatowels to move a hot pot towards the sink. The implication being that I'm clearly not being creative enough and I should be able to find a way to do things. To paraphrase - It's amazing the way people find ways to do things. That threw me to be honest and when I was trying to explain about my shoulder pain - after me saying it was postural due to my lower back, she said " well usually that's to do with posture " as if I'd claimed some other reason.

She wrote that I claimed it was down to posture, making it sound as if I'd grabbed that explanation out of thin air.

It's frustrating because I can't prove she didn't write everything I said, I know I know, I should have recorded it.

Hi d,

As your appeal has now been sent to The TS for an appeal hearing, you should send any fresh evidence to The TS at the address on any correspondence.

The TS should then provide copy of this to The DWP.

Remember all evidence must be relevant to the time of the fit for work decision, and not be down to a deterioration or change in your condition since then.

You could also send copy of any fresh evidence to The DWP, FAO The DWP ESA Decision Maker as a back up if you wish.

Sending Documents to the DWP or ATOS or The TS.

Have a read of this members experiences :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=99011#109376

Even though it may be the pain that limits your capabilities, you have to go into detail of how and why the pain does this, and tie it in with the relevant WRAG and/or SG qualifying descriptors.

All this is explained in our : ESA Claims Guides as previously advised.

See also :

DM Guide LCW & LCWRA

&

DM Guide ESA Amendments from 28/01/13

And The WCA Handbook 2nd from bottom link on the ESA Claims Guide page.

bro58