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PIP appeal - waiting for a diagnosis?
- Ellen
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In terms of an error of law- ( I'm trying to do this myself)- the bit about failing to explain stuff seems a bit wishywashy - what constitutes an explanation and what doesn't ?
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- Gordon
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abby wrote: I telephoned and asked about the RoP- today I got a letter saying that because I had an on paper tribunal hearing there was no RoP.-which is unhelpful but at least I know there isn't one.
In terms of an error of law- ( I'm trying to do this myself)- the bit about failing to explain stuff seems a bit wishywashy - what constitutes an explanation and what doesn't ?
There's no clear definition that I can give you.
Although there is no problem with you putting forward Errors that are not, try and be as objective as you can.
There are two issues, have they looked at your issues? If they haven't and it is a matter that materially could have resulted in points being award then it may be an Error. If they have looked at it, would any reasonable person come to the same conclusion (note: this does not have to be the same conclusion that you would), as a deliberately silly example; if something is black and white and the panel describe it as grey then I do not think that it would be accepted as an Error, however if they described it as red then it might be.
Gordon
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- Ellen
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( I went to my local cab but was very very unsuccessful).
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- Gordon
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I'll say up front that I don't think this approach will be successful, but even if it was credible, if you cannot articulate the Case Law that you hold to be irrelevant you are not going to be able to present a cogent case to the UTT Judge.
Gordon
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- Ellen
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yes I know my ability to be able to articulate things and write a decent case to present to the UTT is awful - that's why I went to the CAB for help - but they were very unhelpful/didn't know much about PIP.
The part about the Tribunal taking into account irrelevane material/case law is not the main point for arguing an error of law - it was just something I was wondering.
abby
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- Gordon
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abby wrote: hi
yes I know my ability to be able to articulate things and write a decent case to present to the UTT is awful - that's why I went to the CAB for help - but they were very unhelpful/didn't know much about PIP.
The part about the Tribunal taking into account irrelevane material/case law is not the main point for arguing an error of law - it was just something I was wondering.
abby
I'm sorry but it is very difficult for us to provide support to members in regard a UTT appeal as we have no access to the papers on which you are basing that appeal, all I can go on is what you post.
Gordon
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