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help needed to understand upper tribunal letter

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8 years 10 months ago #162734 by slugsta
As Derek said, it is usually a full hearing unless the UTT have stated otherwise.

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8 years 10 months ago #162735 by Gordon
Lisa

I am really surprised that the DWP have released the funds following the original FTT hearing of there was an appeal to the UTT on-going.

As Derek has said, you need to read the UTT Judges Decision, if the Error was limited to the Mobility element only and they have raised no issues with the Daily Living award then it is possible that the new FTT panel will only look at the Mobility, but it is far more usual for the whole claim to be reviewed.

It's also possible that you will be asked at the FTT whether you want the Daily Living component to be reviewed or not.

Gordon

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8 years 10 months ago #162737 by Lisa
They released funds on living component which we did not appeal to the utt.

We took them to the ftt on
Daily living component. We won that
And they back paid it. And happy with that

On mobility they kept same so we appealed to utt
Who have agreed that the ftt erred in law on mobility

Utt judge has only put requested a rehearing doesn't say if s full rehearing

So are we to assume the rehearing is the query on the mobility element of which we took to the upper tribunal as we only appealed this at utt

:)

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8 years 10 months ago #162738 by Lisa
Surely we wouldn't be appealing that we won at ftt And happy with and been back paid Its just the mobility side that was low rate. Stayed low rate which ended up we believed should of been high rate as they made the error in law surely you only go to an appeal if you disagree the judge is saying go back to ftt so surely we just appeal the mobility side ....

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8 years 10 months ago #162739 by slugsta
Lisa, it's not us you have to persuade, what we think makes no difference to what the tribunal will do!

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8 years 10 months ago - 8 years 10 months ago #162740 by Gordon

Lisa wrote: Surely we wouldn't be appealing that we won at ftt And happy with and been back paid Its just the mobility side that was low rate. Stayed low rate which ended up we believed should of been high rate as they made the error in law surely you only go to an appeal if you disagree the judge is saying go back to ftt so surely we just appeal the mobility side ....


The new FTT must warn you if they are considering a reduction in your current Daily Living or Mobility award so that you can withdraw the appeal.

It's perfectly possible that the FTT will only look at the Mobility component, but based on the information you have posted I cannot state this for certain, you will only know on the day, although you could write to the TS explaining that you are only appealing the Mobility component.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 10 months ago by Gordon.
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