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DWP reconsideration
Does anyone know if there is a legal obligation for the DWP to consider new evidence eg. gp medical records, even if the dwp have already sent the case to the tribunal service?
A decision can be revised by the DWP right up to the day of the hearing if new facts or evidence is presented to it. As far as I’m aware there is no statutory duty for the DWP to obtain evidence apart from the usual information and evidence gathering in connection with claims, incapacity for work, industrial accidents and certain other questions. And there are also statutory powers to do so.
However, there is a common law duty to act fairly. Among other things, that would mean that the Department is bound to take into account any evidence presented to it which has probative value in order to determine whether its decision is correct or not. Good practice should demand that it give brief reasons for rejecting that evidence.