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wobbly
ViolentPanda toggle passenger got a letter from the dwp saying they would ask the tribunal to dismiss his appeal, and sent him a bundle of papers outlining the reasons for the decisions they made.
Does he need to do anything next, or just wait for the tribunal date to be sent through?
I think this is their evidence being presented to the tribunal and it's been sent on because it is in effect a trial and you've got the right to see the evidence being presented . basically, they can't present evidence that they don't disclose to you in advance (barring a few very exceptional circumstances).
But this is your chance to have a good look at how they have supported their decision and to challenge their reasoning. YOu can then look at the places where you feel their reasoning is wrong and have some time to find evidence that supports your case. If you don't have that evidence to hand, you need to start to gather that. eg, more medical letters. and if applicable, then going through it and looking at whether you think you have a case based on their 'misunderstanding' of what you've already given them. if you do plan to gather more evidence, you need to send that to the tribunal.
but I believe that the next stage will be that you will be contacted by the tribunal service.
https://www.gov.uk/social-security-child-support-tribunal/appeal-tribunal
this is well into the grounds of giving legal advice, so comes the disclaimer that i'm not a lawyer, or other professional and it would probably be a good idea to confirm what I've summarized here with the tribunal service's helpline on that link.
and my expereince of supporting Bakunin at an appeal was that they were sympathetic, frustrated with the dwp and will most likely be looking for a reason to support the claimant. we were also warned directly that the dwp have been known to respond to loosing an appeal with an immediate reasessment and other such bollocks. he also got some advice from the doctor on the tribunal to take immediate action with regards to his current medical situation. basically, give them everything you can and they will support you if they can.
To add: the tribunal can consider new evidence, but their decision will be made on your condition at the time of the assessment. this was repeatedly reiterated to us during the hearing. descriptions of his mental state and medical condition should be made on how it was then. new evidence needs to support that, not be focussed on any changes since then. so if you wanted to add evidence, it would need to be stating that problems X and Y has been ongoing since time-before-assessment-date.
use this time to make notes of all the things you think should be discussed at the appeal. then when you are asked if you want to add anything, then you can do so. focus on the medical stuff and your daily living.don't be upset if they stop you partway through explaining a point, it's probably because they don't need further confirmation of that, and is a good sign. just move onto the next thing you think should be mentioned. but if the expereince i sat through is anything to go by, there won't be much that is not covered by their questions. your grounds for apppeal will have told them where to look, and your answers won't be doing much more than confirming your written evidence from your paperwork.
they know you think atos are shit and the assessment is unfair, that is why you are there, and they won't be in the slightest bit interested in hearing a rant about that - that their experience of listening to claimants stories mean they can probably give better than you. atos is not on trial at your tribunal. the only mention of the assessment will be to remind you of it's date and to discuss your condition at that time.
and take your own copies of everything with you
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