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Tribunal Appeal
- Gordon
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1 year 4 months ago - 1 year 4 months ago #281682 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal Appeal
Sherry
Any Decision from your new claim will supersede one from the UTT, see (2) below.
I think you will struggle to find anyone who can support you with an appeal to the UTT, for two reasons;
1. it is not of public interest and therefore you would have to pay for someone's services.
2. Secondly, and perhaps more importantly it is unlikely that there will be any money involved as the most likely result from the UTT would be a new First Tier hearing in front of a new panel.
A UTT hearing will be convened to decide if there has been an Error of Law it is extremely rare that a Decision on your entitlement would also be given at that time.
Gordon
Any Decision from your new claim will supersede one from the UTT, see (2) below.
I think you will struggle to find anyone who can support you with an appeal to the UTT, for two reasons;
1. it is not of public interest and therefore you would have to pay for someone's services.
2. Secondly, and perhaps more importantly it is unlikely that there will be any money involved as the most likely result from the UTT would be a new First Tier hearing in front of a new panel.
A UTT hearing will be convened to decide if there has been an Error of Law it is extremely rare that a Decision on your entitlement would also be given at that time.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 year 4 months ago by Gordon.
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- Sherry
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1 year 4 months ago #281688 by Sherry
Replied by Sherry on topic Tribunal Appeal
Hi Gordon
Thanks for your reply.
I'm not sure I entirely understand you - I was under the impression that Upper Tier Tribunal was the highest point you can go. So surely UTT is the equivalent of a new FTT since the original Tribunal and decision have been squashed?? But I appreciate your comments anyway.
I think it's highly unfair that the new claim would supersede the old one and they have already admitted to an error of law by going to a new panel.
Please may I ask a couple more questions:
1. Are they allowed to bring my 2nd claim into the UTT or will they just use it at the end to make the final award decision?
2. I am awaiting an ADHD diagnosis; I have speeded up the process by going to an outside provider. Will this alter any decision when the diagnosis is made in terms of "change of circumstances"?
Thanks again.
Sherry
Thanks for your reply.
I'm not sure I entirely understand you - I was under the impression that Upper Tier Tribunal was the highest point you can go. So surely UTT is the equivalent of a new FTT since the original Tribunal and decision have been squashed?? But I appreciate your comments anyway.
I think it's highly unfair that the new claim would supersede the old one and they have already admitted to an error of law by going to a new panel.
Please may I ask a couple more questions:
1. Are they allowed to bring my 2nd claim into the UTT or will they just use it at the end to make the final award decision?
2. I am awaiting an ADHD diagnosis; I have speeded up the process by going to an outside provider. Will this alter any decision when the diagnosis is made in terms of "change of circumstances"?
Thanks again.
Sherry
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- Gordon
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1 year 4 months ago #281699 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal Appeal
Sherry
Let me try and explain the role of the UTT.
Any appeal to the UTT is on the basis of an Error of Law, it is not in regard to your qualifying for an award.
If the UTT finds in your favour, i.e. there was an Error, then they will send it back to the First Tier for a new hearing to be held on your entitlement in front of a new panel with instructions on how to avoid repeating the Error.
1. The UTT will only use the information available to the original FTT hearing plus the submissions specifically made by both parties for the appeal.
2. A diagnosis will ad more credibility to your claim, but it is the limitations that result from the condition that should be considered and you are already suffering from these.
Gordon
Let me try and explain the role of the UTT.
Any appeal to the UTT is on the basis of an Error of Law, it is not in regard to your qualifying for an award.
If the UTT finds in your favour, i.e. there was an Error, then they will send it back to the First Tier for a new hearing to be held on your entitlement in front of a new panel with instructions on how to avoid repeating the Error.
1. The UTT will only use the information available to the original FTT hearing plus the submissions specifically made by both parties for the appeal.
2. A diagnosis will ad more credibility to your claim, but it is the limitations that result from the condition that should be considered and you are already suffering from these.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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