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PIP appeal lost what happens now?

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4 years 11 months ago #234286 by Elizabeth Buchan
PIP appeal lost what happens now? was created by Elizabeth Buchan
PIP appeal went to tribunal and awaiting judges written statement what can I do now?

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4 years 11 months ago #234290 by BIS
Replied by BIS on topic PIP appeal lost what happens now?
Hi E
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

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The only way you can appeal this decision is if you can find the Tribunal made an Error in Law.

The first stage is to request a Statement of Reasons from the Tribunal Service (this should be set out in the decision letter) and it sounds as if you have already done this.

The second stage is to identify an Error in Law in the Statement of Reasons (and you may well want to take advice on this.)

If you can find one, then you can write a letter to the First Tier Tribunal asking for permission to appeal to the Upper Tribunal.

Then following the response of the First Tier Tribunal you can appeal to the Upper Tribunal to have the decision set aside.

The hardest bit is finding an error in law. It could be:
That the First Tier Tribunal has preferred one set of evidence to another without justifying why;
There has been a breach of natural justice (duty to act fairly) or they have erred in their application of law or case law.

You are also free to re-apply for PIP. You do not have to wait.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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