Does anyone have any advice they can throw my way with regards the following:

Client requested paper hearing and indicated she was going to send in further evidence in 1-2 weeks, on the TAS1.

Evidence was sought from her GP, but not given to her until 5 weeks later, and then passed to Rep, who posted all evidence and submission within a few days by recorded delivery.

Client then received a unfavourable decision dated 2 days before the posting of the evidence, so therefore TAS have not taken into account!

Obviously statement of written reasons/record of proceedings are going to be requested, but we cannot find any caselaw that, even remotely, relates to this situation.

Any ideas would be greatly appreciated.

Have a look at regulation 57 (1) (a), Social Security (Decisions and Appeals) Regulations 1999. There may be grounds to set aside on basis that a document was not received.

Failing that, it's going to be a case of identifying an error of law!

Thanks, it's certainly worth a try!

Rachel

Ask for the decision to be set aside because a legally qualified tribunal member can set aside a decision if they think itis just and the tribunal that made the decision did not recieve documents in sufficient time before the hearing.
Make sure you give a full explanation of your reasons when you apply, setting out why the documents (in this case, the GP's report) were important and what effect they could have had on the outcome and why it is "in the interests of justice" that the decision should be set aside.

You can ask for a statement of reasons at the same time, but then the set aside will be considered first.