dmgc01 wrote:One in the eye - for the time being anyway. Received a letter from the Tribunal service.
This is not so much about illness anymore it's about points of law. I went after them after not agreeing with their Statement of Reasons for failing my appeal. After reading up on the DWP/ATOS guidelines I highlighted the discrepancies which in turn the District Judge has decided that a new tribunal should hear the appeal.
Therefore the tribunal's original decision is cancelled.
They state "The decision is reviewed because it contains an error in law and that the Statement is a recital of the evidence".
Note that I also stated that I was extremely disheartened that the Tribunal accept a medical report such as the one performed by ATOS Healthcare over any GP/Hospital medical reports, without giving good reason of choosing one over the over.
To this they state
"The Tribunal has not dealt adequately with why the Tribunal did not accept oral evidence and WHY it preferred the HCP (Health Care Practitioner) report. To recite what is in the claim form, then the HCP report does not produce a finding.
So although I have to attend another tribunal I do feel a major achievement that I have won up against at least, the last tribunal judge and his doctor friend
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