Can I submit further evidence to the tribunal?

MutchyMan wrote: »

Hi all, I had the result of my mandatory reconsideration today.
It didn't work, I am trying to be in the support group and I am in the work activity group.
I'm feeling pretty annoyed as it turns out 4 years of medical records isn't good enough for them..

Anyway, what I was wondering is is it possible for me to go to my doctor with the letter, and ask him to write a report on how the DWP is wrong on the points they made when making their decision? For me to send to the tribunal?
Also, is it possible to submit my appeal in first and then submit evidence to the tribunal later, as of course it will take some time for the doctor to do this.
Is it even possible?

Being placed into the Support Group is about satisfying at least one of the Descriptors, which you'll find here.
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
Or reg 35 here
https://www.benefitsandwork.co.uk/news/2955-regulation-35-2-b-is-now-the-main-route-into-esa-support-group

You need to concentrate on just sending in the SSCS1 form within 1 month from the date of the MR decision and make sure you attach a copy of the MR decision letter to the form, otherwise they won't accept your appeal.

Evidence can be sent at a later date, as long as it arrives at least 10 days before the hearing, it's fine. Tribunal dates can take months, depending on where you are in the country and the backlogs.

Appearing in person will give you the best chance.

Useful guide to the appeals process here:
https://www.advicenow.org.uk/guides/how-win-pip-appeal
(Deals with PIP but the process is virtually the same for ESA).

Also: https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/appealing-against-a-benefit-decision/appealing-against-a-dwp-benefit-decision/

As poppy & Ames say be sure to explain why you should be int the SG in terms of the SG descriptors or Reg 35. Show these to your GP and ask him to refer to them in his letter of support.
More on Reg 35 - http://www.cpag.org.uk/content/making-exception

All evidence counts - so submit a statement to the tribunal, letters from carers / family, additional relevant medical evidence, etc. Ensure these are concise and relate your condition/ capabilities to the relevant SG descriptor / Reg 35.
As poppy & Ames say your verbal evidence at the tribunal will be very important, have examples around the relevant descriptor to tell the panel, takes notes / a diary with you with these examples. Don't just trust to memory. Preparation and knowledge of the SG descriptors is key.

Why do you think you should be in the SG?

If you are citing risk to health if having to participate in WRAG activities, the tribunal will be very interested to hear how you are coping with being in that group currently.

It's more than mental distress - the wording is significant risk to health.
The tribunal are likely to accept that if you had a pre-existing condition (such as severe social phobia or agoraphobia) which has worsened because of participation in WRAG activities, this may be evidence that your mental health is at significant risk.

MutchyMan wrote: »

being unable to take part in hobbies I used to be able to take part in due to depression.

I meant the actual WRAG sessions at the JC or work trainer provider, interviews with your job coach, etc

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1483-work-focused-interview

Does participation in these, place your mental health at significant risk?