Appeal Evidence, is it worth backing up your info

Hi there, well as many of you probably know i'm waiting for a restored hearing after the tribunal i went to decided they required more medical evidence.

I now have this evidence (thankfully the GP only charged a tenner, not the fifty originally quoted!), but whilst i was looking online recently for dla appeal claims similar to mine, i came across a high profile case, whereby the individual concerned had exactly the same deformity and issues that i have, even down to how he had filled his original form in.

So my roundabout question is, is it worth me putting this case information in with my medical evidence ready for the restored hearing, or should i just leave well alone and send just what the panel have asked for?

Any help gratefully received, Zelda

Hi Zelda, well done for getting the information and I'm really pleased it only cost you £10.

It is just my personal opinion but I wouldn't send in somebody elses case history in.

Best wishes,
Rachel

I think it would help your case if this was a case similar to yours and the outcome was successful. In my last appeal submission I referred to previous cases, reported and unreported by commissioners.I'm sure there will be someone on here to advise further.
Good luck.

I was also thinking . It has been suggested to me that I should try and get a private consultation with a consultant who would be able to write me a report to give the the HCP/EMP when he visits me for my DLA medical (see separate topic, 'Impending DLA Medical')

Should I try and do this or wait until I have to appeal.......'always look on the bright siiiide of life, dee dum............'

zjturner wrote:

Hi there, well as many of you probably know i'm waiting for a restored hearing after the tribunal i went to decided they required more medical evidence.

I now have this evidence (thankfully the GP only charged a tenner, not the fifty originally quoted!), but whilst i was looking online recently for dla appeal claims similar to mine, i came across a high profile case, whereby the individual concerned had exactly the same deformity and issues that i have, even down to how he had filled his original form in.

So my roundabout question is, is it worth me putting this case information in with my medical evidence ready for the restored hearing, or should i just leave well alone and send just what the panel have asked for?

Any help gratefully received, Zelda

If you are referring to a Commissioner/Upper Tribunal decision, it can help, but you must remember that it's not the decision, but the Judge's interpretation of law or reasoning that would be supportive to your appeal.

Make sure that you thoroughly read it to see if the Judge's reasoning supports your case, or perhaps contradicts the DWP's reasoning.

Thanks for the advice, i think i will go for it, after all, i don't think it will make the appeal process any worse for me.

I've got all my new evidence and as depressedderek kindly mentioned, it has a point of law in it, i want to point out to the panel. I may just make a note of the case name and the actual ratio of the case, just to simplify things though. I'm hoping because it was a decision made by an upper tribunal, that it may lend some weight to my case.

The case continues...watch this space