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hi hopefully someone out there can answer my question because every time i ask someone i get varying answers. well i had medical in january to assess my incapacity i suffer from realy bad depression i needed 10 points and only got 7 so i was classed able to work.before i go on ,before i went in for the medical my son gave me a small rcorder and told me to switch it on secretly so we could listen to it later for obvious reasons well when i recieved my results of the medical the examining doc had told blatant lies i only needed 3 more points to pass and im sooo bleeding frustrated cos iv got the tape proving that he lied.this made my mind up to appeal against the decision and iv been on reduced money since january i owe a budgeting loan so i pay £10 for that and i get £43 to live on i live on my own but iv coped so far my tribunal date was last week but i was so ill i couldnt even get out of bed i cant describe how bad i feel sometimes.i recieved another date for tribunal for october.what i want to know is if i pass tribunal will i get benefit backdated and also could i use tape for evidence even if i dont pass i feel like giving it to a reporter or something .this must happen loads of times as i said its very frustrating.

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If you win your appeal at the tribunal your payments should be backdated.

 

Can't say about the recording, though. The fact that it was made without the knowledge or consent of one of the parties would make me hesitant to offer it as evidence without checking with someone who knows about these things.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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Contrary to what a lot of people believe, covert recordings are not always in themselves illegal. (In this case I am makng the assumption that this is an audio recording only, no video). It's not illegal to covertly record a conversation without the other party's knowledge. It can however be illegal to make that recording available to a third party - i.e the press. A recording can be made available for legal proceedings - and a tribunal is a legal process. Whether it can be admitted as evidence rests entirely on the legal panel member - the chairperson (judge).

 

What most people do in regard to a covert recording in court is, they provide a written transcript of the conversation which took place. (You should include it with your submission of all papers you have in support of your appeal). It is then at the judge's discretion whether or not they can allow the recording itself to be admitted as evidence.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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