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help needed to understand upper tribunal letter
8 years 10 months ago #161848 by Lisa
help needed to understand upper tribunal letter was created by Lisa
had high rate care reduced to nothing and mobility stay at low rate... we appealed and lost the reconsideration appeal ... we then appealed to the tribunal which we won and low care re introduced..... which we were happy with ... on receiving the tribunal letter that we believed they made an error in law which they took points away and gave points elsewhere which meant i could get high rate mobility .... so we appealed to the upper tribunal which was accepted by the judge..... we have just received the upper tribunals letter and the secretary of state has confirmed the lower tribunal had erred in law and has asked the upper tribunal judge to make his decision without reason..... we have signed the form 3a to confirm we are happy with this.... my question is does the upper tribunal judge always agree with the decision of the secretary of state or could he overturn it without reason ( so agreeing with the lower tribunal)
many thanks........
many thanks........
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8 years 10 months ago #161865 by Gordon
The UTT Judge will make their own Decision, but if the DWP are saying that an Error occurred then it is likely that this is what the Judge will find as well.
The most likely result is that the original Tribunal decision will be Set Aside and a new FTT hearing will be ordered.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic help needed to understand upper tribunal letter
Lisa wrote: had high rate care reduced to nothing and mobility stay at low rate... we appealed and lost the reconsideration appeal ... we then appealed to the tribunal which we won and low care re introduced..... which we were happy with ... on receiving the tribunal letter that we believed they made an error in law which they took points away and gave points elsewhere which meant i could get high rate mobility .... so we appealed to the upper tribunal which was accepted by the judge..... we have just received the upper tribunals letter and the secretary of state has confirmed the lower tribunal had erred in law and has asked the upper tribunal judge to make his decision without reason..... we have signed the form 3a to confirm we are happy with this.... my question is does the upper tribunal judge always agree with the decision of the secretary of state or could he overturn it without reason ( so agreeing with the lower tribunal)
many thanks........
The UTT Judge will make their own Decision, but if the DWP are saying that an Error occurred then it is likely that this is what the Judge will find as well.
The most likely result is that the original Tribunal decision will be Set Aside and a new FTT hearing will be ordered.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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