First-tier Tribunals have wide powers on which evidence to accept and which to reject.
From my experience as a former WRO and DLA Tribunal Member, most appeals are won not because of any real new evidence presented on the day of the hearing, but because of what the appellant tells the Tribunal on the day of the hearing about their mobility and/or care needs.
DLA Tribunals often reject Atos Medical Assessors reports in preference to the appellants evidence.
However, the appeal had some pretty convincing evidence of mine before they adjourned the case ( in the words of another WRO advisor " I could get HRC and HRM all day long on the evidence you supplied ).
So there was some problem with what I supplied ( or they believed I had supplied ), hence why they went for an EMP. Stranger things have happened at sea !
