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UC 2nd tier tribunal

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1 year 1 month ago #284657 by Mike1878
UC 2nd tier tribunal was created by Mike1878
I have the 2nd tier tribunal coming up in a few days and my CAB rep has told me to do my homework and brush up on what's happened upto this point and how I'm going to answer the same questions I faced in the first tribunal. But my anxiety is atrocious and my mind is blank. How do people cope and prepare when they're heavily anxious?

Ideally I need someone to go through it with me but nobody I know has that kind of time to spare, including the CAB.

My case should be in my forum history if you click on my name and find it I suppose?
But basically I suffer with chronic migraines, insomnia and depression/anxiety. I also strongly suspect I have ADHD but I'm still awaiting an official test.
I also suffer with IBS but I don't have much medical evidence to back that up as I have spent the last x years going to the dr about migraines and insomnia. I only lightly talked about my IBS because I felt like it was something I could control with over the counter drugs at the time. But it wasn't that simple really as the medication only seems to delay it and then it becomes more "explosive". So in hindsight I wish I did make more of a point of talking about it to my GP. But when you're in agony every day and cannot ever catch a wink of sleep, toilet frequency just wasn't top of my list of stuff to sort out. Is that an acceptable argument to give? All I can say is that's just the truth. I am lucky to get more than 5 minutes with my GP these days and then it's another long wait for the next appointment. How can anyone be expected to speak about all these things?

Anyway I was granted LCW earlier this year but not LCWRA and now I'm trying to win both. Luckily the judge did not consider things properly in the first tier, so I was able to appeal to the 2nd tier. I do not want to blow it this time!

I don't really know where to start in preparing for the tribunal. My mind is so messy and I cannot think straight.

Also I've subscribed for over a year now and I am still not sure what "member documents" are going to help me win my case. Can someone please link them to me?
Just like to point out that people's advice on the forum have been great and I thoroughly appreciate it!

Thanks all! X

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1 year 1 month ago - 1 year 1 month ago #284682 by Gordon
Replied by Gordon on topic UC 2nd tier tribunal
MJ

Are you actually appealing to the Upper Tier Tribunal?

If you are, have you asked for an Oral hearing at the UTT, whilst it is your right it is nonetheless unusual for this to be done, has a UTT judge agreed to this?

The reason I ask is you talk about re-presenting your case, this is not how a UTT hearing works, this is not a further opportunity to explain why you should be made a particular award. The UTT is primarily concerned with whether there was an Error of Law in the making of your First Tier Decision, they can substitute their own Decision but it is very rare and would only happen if it is first established that there was an Error.

Further, the UTT will only consider the evidence and testimony from your First Tier hearing, you will only be able to present new information in the context of the Error. for example; why you think there was an Error.

Our guides are on the Guides link at the top of the page just follow the link on the dropdown that is of interest.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 year 1 month ago by Gordon.

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1 year 1 month ago #284731 by Mike1878
Replied by Mike1878 on topic UC 2nd tier tribunal
Yes the error has already been accepted and the hearing for the upper tier is this week.
The original decision by the first tier has been ruled out and the case is being heard again by a fresh panel, as far as I'm aware.

Last time they found me to have exceptional circumstances so awarded lcw but not lcwra. I am trying to accomplish both.

Thanls

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1 year 1 month ago #284733 by Gordon
Replied by Gordon on topic UC 2nd tier tribunal
MJ

That makes more sense.

This is not a UTT hearing but a new First Tier hearing in front of a new panel.

They will be starting from scratch so do not make any comments in regard to the previous hearing, just stick to presenting your case.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Mike1878

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1 year 1 month ago #284800 by Mike1878
Replied by Mike1878 on topic UC 2nd tier tribunal
Hi Gordon, I posted just to let you know how I got on, but the forum told me I need to wait 60 seconds before posting (even though it was my first comment of the day), so i lost what i had typed out!
I try to be vague on here with dates / times in case they're on here watching. Anyway, I won and the upper tribunal judge accepted I had LCWRA after I explained more about my IBS and incontinence issues. I have spent the last 2 years trying to argue my case about migraines and insomnia only for it to not even matter. My local MP is trying to push something through to make migraines a disability, but at the moment it doesn't seem to matter to them!

Anyway thanks for all your help over the last 18 months or so and I'll be on more over my PIP case.

One small question.. Will the LCWRA ruling affect my PIP case at all? I didn't score enough points even for the lower PIP amount. But I made the PIP claim almost a year after the original UC decision so I'm not sure how it works.

Cheers!
The following user(s) said Thank You: Gary

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1 year 1 month ago #284813 by Gary
Replied by Gary on topic UC 2nd tier tribunal
Hi MJ

Congratulationson your award.

LCWRA will not affect your PIP, but I would send a copy of the decision in with your PIP form as supporting evidence as a couple of questions do cross over with PIP.

As Gordon stated it's not an UTT decision but an re-hearing with a new Tribunal panel decision.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Mike1878

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