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PIP appeal - waiting for a diagnosis?
- Ellen
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In terms of error of law - how does the part about being able to do something 'reliably, repeatedly and in a reasonable time' fit in?
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- Gordon
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abby wrote: thanks again - I know I can't do anything until I have the SOR - but I know that once I do have that I only get a month to do something.
In terms of error of law - how does the part about being able to do something 'reliably, repeatedly and in a reasonable time' fit in?
The word "reliably" is not defined in the legislation, however, it's sub definitions are. See
www.legislation.gov.uk/uksi/2013/455/made
Gordon
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- Ellen
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- Gordon
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abby wrote: I've now got my SOR- but it's full of typing errors- and I am trying to find out if there is anything I can do about them? ( aside from appealing to the UT about errors of law)- I mean things like getting my age wrong, calling my conditions the wrong thing or words like age instead of aided- so big chunks don't make sense.
Unless there is something that you simply cannot understand because of the errors then I would not bother, concentrate on looking for an Error that can be used to make an appeal to the UTT.
Gordon
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- Ellen
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(thanks as always for replying)
When I wrote asking for the SOR I also asked for a Record of Proceedings to be sent to me - but I have only been sent an SOR - are they the same thing? or can I ring and ask for a record of proceedings ?
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- Gordon
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abby wrote: hi
(thanks as always for replying)
When I wrote asking for the SOR I also asked for a Record of Proceedings to be sent to me - but I have only been sent an SOR - are they the same thing? or can I ring and ask for a record of proceedings ?
No they are different. The SoR should explain how they came to their Decision, the Record of Proceedings is exactly that, the questions asked and the response given although it will not be complete as the Judge will only have taken notes. Unless something unusual happened during the hearing then it will be the SoR that you would need to review in terms of an Error.
You can make another request for the RofP but am not sure doing so would extend the one month you have to make an appeal to the UTT. Speak to the Clerk of the Court at the venue where your hearing was.
Failing to provide a SoR or a RofP is itself an Error.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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