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TRIBUNAL DECISION
- Andrew
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1 year 2 weeks ago #284556 by Andrew
TRIBUNAL DECISION was created by Andrew
Hi looking for advice my daughter has been to a tribunal she had previously on standard mobility and no DL, before it went to tribunal social security Scotland looked at further evidence sent and said she should be awarded standard DL but it went to tribunal anyway and the tribunal has decided in favour of DWP and kept the award at standard mobility and standard DL. Before the tribunal decision she sent further information regarding her lack of mobility in her leg due to the fact she had muscle tissue removed and this has given her limited mobility as well as pain if she is on her feet too long, he mental health issues are long term and have been documented for near 20yrs, we have sent loads of personal and medical evidence as well as highlighted personal long standing trauma
We have been told you can only appeal a tribunal decision based on point of law and as far as I’m aware this is to do with the descriptors and how they apply in law
In this respect we both believe the descriptors haven’t been awarded properly, we even filled in a self score sheet of the descriptors and how it affects her DL & mobility and that she should be entitled to enhance rates of both
Does anyone have any advice or experience about appealing a tribunal decision and getting it overturned
Thanks
We have been told you can only appeal a tribunal decision based on point of law and as far as I’m aware this is to do with the descriptors and how they apply in law
In this respect we both believe the descriptors haven’t been awarded properly, we even filled in a self score sheet of the descriptors and how it affects her DL & mobility and that she should be entitled to enhance rates of both
Does anyone have any advice or experience about appealing a tribunal decision and getting it overturned
Thanks
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- Gary
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1 year 2 weeks ago #284570 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic TRIBUNAL DECISION
Hi Andrew
The first thing you need to do is write to HMCTS and request a Written Statement of Reasons (WSOR) also ask for a transcript of the recording that should have been made during the hearing. (You may only get a recording so you may have to listen to this and copy it down yourself.) Compare the transcript with the WSOR, in order to appeal further you will need to identify at least one error of law.
Obvious errors of law could be agreeing that someone has difficulties eg with preparing a simple meal and then not even considering to award points. Alternatively there may be contradictions in the transcript versus the WSOR, maybe the tribunal have ignored vital evidence and hence make the wrong conclusion. There may be other errors of law where the tribunal have applied the wrong test, but this may not be very obvious as this could involve reference to caselaw. This is where the help from an experienced appeals officer at an advice centre will be useful. But, if you can spot an obvious error, only one error of law is needed!
You will first need to apply for what is called a 'set-aside. Write to the first tier tribunal and explain that you believe there is an error of law. Be as clear as you can, as long as the Judge who reviews this (often a different judge) can understand, the judge will be able to determine the existence of an error of law.
Remember that the tribunal has an overriding duty of fairness so are not going to expect a legal essay from a layman! This judge can then set aside the decision and organise for another tribunal panel to rehear the case. Sometimes the judge will automatically refer the case for an Upper Tribunal judge to make a decision.
If you feel that the tribunal didn't give you a fair hearing, listening to the recording could show the extent of overtalking etc this could also amount to an error of law. There may be more than one!
You can try and appeal the tribunal decision but this may take a long time to resolve. The importance of pursuing your appeal is that if you do win, you will get backdated pip right to the date if claim or whenever the money stopped. This could also mean other benefits which relate to receipt of pip will also be backdated. However, there is no reason why you can not put in a new claim as well, but then any backdating will be limited to the date of the new claim, if this succeeds.
You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk or lawcentres.org
Good luck. Hope this helps.
Gary
The first thing you need to do is write to HMCTS and request a Written Statement of Reasons (WSOR) also ask for a transcript of the recording that should have been made during the hearing. (You may only get a recording so you may have to listen to this and copy it down yourself.) Compare the transcript with the WSOR, in order to appeal further you will need to identify at least one error of law.
Obvious errors of law could be agreeing that someone has difficulties eg with preparing a simple meal and then not even considering to award points. Alternatively there may be contradictions in the transcript versus the WSOR, maybe the tribunal have ignored vital evidence and hence make the wrong conclusion. There may be other errors of law where the tribunal have applied the wrong test, but this may not be very obvious as this could involve reference to caselaw. This is where the help from an experienced appeals officer at an advice centre will be useful. But, if you can spot an obvious error, only one error of law is needed!
You will first need to apply for what is called a 'set-aside. Write to the first tier tribunal and explain that you believe there is an error of law. Be as clear as you can, as long as the Judge who reviews this (often a different judge) can understand, the judge will be able to determine the existence of an error of law.
Remember that the tribunal has an overriding duty of fairness so are not going to expect a legal essay from a layman! This judge can then set aside the decision and organise for another tribunal panel to rehear the case. Sometimes the judge will automatically refer the case for an Upper Tribunal judge to make a decision.
If you feel that the tribunal didn't give you a fair hearing, listening to the recording could show the extent of overtalking etc this could also amount to an error of law. There may be more than one!
You can try and appeal the tribunal decision but this may take a long time to resolve. The importance of pursuing your appeal is that if you do win, you will get backdated pip right to the date if claim or whenever the money stopped. This could also mean other benefits which relate to receipt of pip will also be backdated. However, there is no reason why you can not put in a new claim as well, but then any backdating will be limited to the date of the new claim, if this succeeds.
You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk or lawcentres.org
Good luck. Hope this helps.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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