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Health Assessment (my journey) :-(
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5 years 11 months ago #230597 by Stressed
Replied by Stressed on topic Health Assessment (my journey) :-(
I've sent off the request for the statement of reasons while I try and figure out what I'm going to do next.
Would "The decision made is supported by no evidence" be a good argument for an error of law as I can't think of any evidence they could have used to decide my fate?
Would "The decision made is supported by no evidence" be a good argument for an error of law as I can't think of any evidence they could have used to decide my fate?
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5 years 11 months ago #230601 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Health Assessment (my journey) :-(
Stressed
You cannot pre-empt the SoR.
Think about what you are saying. The panel does not need evidence to find that you do not meet the Descriptors, it's the other way around, you need evidence to show that you do.
So maybe they have not explained why they are discounting your evidence or found it sufficient, perhaps the evidence they have chosen to give weight to is inconsistent but you will only know this when you see the SoR.
And even if you do put forward an Error, it does not mean that those looking at it will agree and if they don't then that is an end to it.
Gordon
You cannot pre-empt the SoR.
Think about what you are saying. The panel does not need evidence to find that you do not meet the Descriptors, it's the other way around, you need evidence to show that you do.
So maybe they have not explained why they are discounting your evidence or found it sufficient, perhaps the evidence they have chosen to give weight to is inconsistent but you will only know this when you see the SoR.
And even if you do put forward an Error, it does not mean that those looking at it will agree and if they don't then that is an end to it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 11 months ago #230603 by Stressed
I understand, my mind is just a bit all over the place.
When I won my appeal at the upper tribunal I don't remember there being any mention of an error of law. I just told them why I disagreed with the first tier .
But then I think I scored 12 points at my assessment not 0 like this time.
Replied by Stressed on topic Health Assessment (my journey) :-(
Gordon wrote: Stressed
You cannot pre-empt the SoR.
Think about what you are saying. The panel does not need evidence to find that you do not meet the Descriptors, it's the other way around, you need evidence to show that you do.
So maybe they have not explained why they are discounting your evidence or found it sufficient, perhaps the evidence they have chosen to give weight to is inconsistent but you will only know this when you see the SoR.
And even if you do put forward an Error, it does not mean that those looking at it will agree and if they don't then that is an end to it.
Gordon
I understand, my mind is just a bit all over the place.
When I won my appeal at the upper tribunal I don't remember there being any mention of an error of law. I just told them why I disagreed with the first tier .
But then I think I scored 12 points at my assessment not 0 like this time.
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5 years 11 months ago #230604 by Gordon
I can state categorically that this is not going to be accepted at the UTT.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Health Assessment (my journey) :-(
Stressed wrote: When I won my appeal at the upper tribunal I don't remember there being any mention of an error of law. I just told them why I disagreed with the first tier .
I can state categorically that this is not going to be accepted at the UTT.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 11 months ago #230605 by Stressed
I know they want to see error of law. I was just saying what happened when I went through my last appeal
Replied by Stressed on topic Health Assessment (my journey) :-(
Gordon wrote:
Stressed wrote: When I won my appeal at the upper tribunal I don't remember there being any mention of an error of law. I just told them why I disagreed with the first tier .
I can state categorically that this is not going to be accepted at the UTT.
Gordon
I know they want to see error of law. I was just saying what happened when I went through my last appeal
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5 years 11 months ago #230667 by Stressed
Replied by Stressed on topic Health Assessment (my journey) :-(
I think I'm going to see if citizens advice can help when I get my statement of reasons.
If everything fails then I'll try for pip with my partner as my carer. Although like you say I'll need to look at how I word things or I'll end up with the same result as the ESA claim.
What would be the correct order to proceed with this if I need to.
Would we both need to claim UC while I put in the claim for pip, then IF successful my partner would need to put in a claim for carers allowance?
If everything fails then I'll try for pip with my partner as my carer. Although like you say I'll need to look at how I word things or I'll end up with the same result as the ESA claim.
What would be the correct order to proceed with this if I need to.
Would we both need to claim UC while I put in the claim for pip, then IF successful my partner would need to put in a claim for carers allowance?
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