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Tribunal Outcome and the next step
- Melvino
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7 years 1 month ago #183888 by Melvino
Tribunal Outcome and the next step was created by Melvino
Hi there, I'm looking for guidance on a decision regarding the outcome of my Tribunal and ESA.
Last week I went to court and lost my case for ESA, the judge decided that particular reliance was placed on the evidence of the Assessor.
I have been disabled since 2010, when I suffered a prolapses disc and underwent an emergency operation to remove the disc. As a result of late diagnosis, I suffered severe nerve damage and loss of feeling in my left leg. I should also state that I have won the last 2 court cases with ESA and PIP.
I also have an ulcerated bone in my left knee that constantly gives way and have been waiting to find a specialist that will help me. As a result of both operations 7 yrs ago, I use crutches to get about and continue to suffer chronic pain in my hips and lower back.
I contacted the CAB for advice and Informed me that I could appeal the courts decision, but only on the grounds that they favoured the Assessor. The Information they gave said I now only had 3 weeks to appeal and there was no guarantee that I would get representation to take my case to the Higher Court. Having read the Information, there is a warning that I must have representation to take this next step.
I know I have a good case and that the Assessor is wrong in the Information she presented, but without a guaranteed representative to help me take this further, I'm left in Limbo!
Thank you for any suggestions you have to offer
Melvin
Last week I went to court and lost my case for ESA, the judge decided that particular reliance was placed on the evidence of the Assessor.
I have been disabled since 2010, when I suffered a prolapses disc and underwent an emergency operation to remove the disc. As a result of late diagnosis, I suffered severe nerve damage and loss of feeling in my left leg. I should also state that I have won the last 2 court cases with ESA and PIP.
I also have an ulcerated bone in my left knee that constantly gives way and have been waiting to find a specialist that will help me. As a result of both operations 7 yrs ago, I use crutches to get about and continue to suffer chronic pain in my hips and lower back.
I contacted the CAB for advice and Informed me that I could appeal the courts decision, but only on the grounds that they favoured the Assessor. The Information they gave said I now only had 3 weeks to appeal and there was no guarantee that I would get representation to take my case to the Higher Court. Having read the Information, there is a warning that I must have representation to take this next step.
I know I have a good case and that the Assessor is wrong in the Information she presented, but without a guaranteed representative to help me take this further, I'm left in Limbo!
Thank you for any suggestions you have to offer
Melvin
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- Gordon
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7 years 1 month ago #183914 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal Outcome and the next step
Melvino
The help of a trained advisor is certainly recommended for an appeal to the UTT, but it most certainly not required, lets of our members have made successful appeal to the UTT.
The first stage to an appeal is to request a Statement of Reasons from the Judge of your hearing. See
Tribunals – Requesting a Statement of Reasons
You will then need to show that there has been an Error of Law in the making of the Decision
What is an Error of Law?
I do have to warn you, the panel preferring the assessors evidence to yours is not in itself an Error, you would need to show that their doing so was unreasonable given the evidence that was available to them, even then it may still not be accepted.
Gordon
The help of a trained advisor is certainly recommended for an appeal to the UTT, but it most certainly not required, lets of our members have made successful appeal to the UTT.
The first stage to an appeal is to request a Statement of Reasons from the Judge of your hearing. See
Tribunals – Requesting a Statement of Reasons
You will then need to show that there has been an Error of Law in the making of the Decision
What is an Error of Law?
I do have to warn you, the panel preferring the assessors evidence to yours is not in itself an Error, you would need to show that their doing so was unreasonable given the evidence that was available to them, even then it may still not be accepted.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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