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An error of law would include failure to consider relevant evidence, or a failure to appropriately explain why they preferred one piece of evidence over another, but you need specialist advice on this. You were advised to get specialist advice on the tribunal appeal for this very reason: these are important hearings and how you present your case is often as important as what you present. Certainly when I've represented people at these hearings I have taken 3-4 hours to prepare a written submission in advance, explaining why the ATOS evidence is wrong and why the GP's evidence is correct.
I do not believe that the ATOS medical is optional. You are entitled to present your own evidence when you make an application in addition to the ATOS medical, but I do not believe you can refuse to attend a medical that the DWP direct you to attend.
The DWP have just awarded me high rate for both care and mobility from my renewal date. Mum and me balled our eyes out when we opened the letter. This means I can have a little bit of freedom back and do things that my direct payments won't cover. Still in shock about it, but its pretty bloody amazing!
:yippe::yippe::yippe::yippe::yippe::yippe::yippe: so happy for you!!
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" So I say thank you for the music, the songs I'm singing, thanks for all the joy they're bringing, who can live without it, I ask in all honestly what would life be? Without a song or a dance, what are we? So I say thank you for the music, for giving it to me "
'' It's a beautiful day and I can't stop myself from smiling "