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APPEAL to Upper Tribunal - submission of new evidence
Client attended LT DLA refused - it has now been suggested i submit further medical evidence which was produced well pasat date of decision- struggling to find reasons why it is a good idea.
It does confirm long term conditions
Suggested by whom?
And at precisely what stage are you with the UT?
suggested by client and we are currently applying for leave to the Upper Tribunal
Is there anything to suggest at the original hearing that the tribunal doubted the client had the condition ( and then the effect of that) and the new evidence totally proves it and there for show the appeal was wrong or often just the balance of belief went against the client.
Whillst it shouldnt necessarily be the case i have know appeals change a lot with a definitive diagnosis.
Obviously the issue would have had to be present at the time (or cant be considered)
Often in the past it was a balance of continue the fight or go for a new claim with awareness the medical had their been one is often used again unless you make it very clear why its out of date
The tribunal did not doubthis condition but expected him to exhibit the signs of having said condition in a different way. Which I SUppose is in a way.
i would say they could not doubt condition - back injury following accident but the effect of said injury.
I understand the issues re DOD but am perplexed why as he gave reliable evidence they seemed to regard EMP report as gospel. There seems little point in having a tribunal if the judge is to repeat parrot fashion the EMP report and the guestimates re distance