I've recently had to use a couple of Commissioners' Decisions about the period a tribunal can consider in looking at DLA cases: R(DLA) 2/01 and 3/01. My understanding of these is that any new evidence that is pertinent (it doesn't have to have existed then, but must relate to the period) between the date of claim and the date of the decision is admissable. Up to now I've taken this as being the date of the DMs 1st decision, but now have a case where it would be advatageous to the client to take into account events before the date of the reconsideration, which is some 4 months on from the 1st decision. Has anyone used this ploy/argument at tribunal? If so, how did you go about it and with what result?

In the current case, DOC is 8/7/04, Nil decn made 23/09/04, took overdose 10/04, reconsideration (still nil) made 1/2/05.