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i only said that as so many are losing their benefits and if they supply everything at the beginning then they have nothing to add at the appeal stage. if they dont supply more evidence at the appeal stage the appeal writer wont change the decision. unfortunately the new test is completely different from any previous ones. you will be assessed on any work not just what kind of work you used to do.
Yes, I understand - I have been through the process myself, and I've helped lots of other people too.
It isn't correct, though, that if you don't produce additional evidence at the appeal, the tribunal won't overturn the decision. The tribunal is an independent appeals panel and they look at all the paperwork afresh. A large number of decisions made by DWP decision makers are simply wrong and are overturned on the facts that were before the decision maker.
Also I have had two cases overturned by the DWP internally, on reconsideration. This is when the file is passed to another more senior manager for review prior to being sent for appeal.
One thing I would stress though, is the importance of gathering evidence in support of your case, especially from professionals such as GP, consultants, CPNs, support workers, carers etc. Don't leave it to ATOS to write to these people, they often don't. Speak to your helpers and advisers and ask them to write reports in support of your claim for ESA. If you are unsure of how to complete the form, seek advice from CAB / DIAL / welfare rights worker.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
if putting in additional information write the page number it refers to.
ie question 8 (only using as an example)
not enough room on form so write see attached page 8a and number the extra info page 8a. the more information/evidence you can supply the better it will be for you although id always hold something back incase you have to appeal.
Yes a very important thing I missed out!0
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