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Confusion over what seems to be 2 x UTT rulings

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1 month 1 week ago #300139 by Chris
Hi All,

I have an ongoing case vs DWP to challenge my LCW award to LCWRA. In October 2024, it was at the Upper Tier Tribunal, where the judge said that the FTT erred in Law and my appeal was allowed. I heard nothing further until yesterday, where it seems a different judge from UTT has basically disagreed with the UTT judge who said my appeal erred in law, and stated his reasons why - and my case has now been sent back to the FTT for a decision, but with a different panel. My concerns are:

That the UTT 2nd judge appears to have told the FTT to make a decision on whether an oral, f2f, or video is to be made, despite me providing evidence of my social and travel anxiety, my chronic pain, and other health issues, that I only want a paper assessment, and also telling the FTT that new findings of facts need to be made in relation to the appellants ability to perform work related activity safely.

It has me totally confused because the case says it's been closed now - so I'm wondering, have I missed something here ? Understanding, or if anyone has been through something similar, and what they done when it comes to feeling like you're being forced into doing something (attending a hearing) - that you're simply unable to do.

Thank you,

Chris.

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1 month 5 days ago #300271 by Chris
So, just an update for anyone who's interested. I contacted CAB who actually advised me that they were unable to help with this - so now I've passed my paperwork to Welfare Rights and hoping that someone can assist in this quite complex case. 1 judge sees an error of law, but the other disagrees - however the case has been referred back to the 1st tier, with a different panel, and nothing further other than to say that the ruling could go for me, or against me. It is unbelievably stressful, and I'm clueless now as to what more I can add to this, for it to go in my favour.

Chris.

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1 month 5 days ago #300290 by Kab
Chris, I hope welfare rights can assist you, perhaps bringing some clarity for what seems like a very confusing situation for you.
It does sound very stressful for you on top of your health issues.
They must surely make reasonable adjustments regarding having to attend a hearing.
Is it possible to speak to your GP, to ask for a more recent letter explaining the addition stress and confusion this situation is causing you, reiterating that you cannot be expected to attend in person.
I wish you well, and hope you get some answers very soon!

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1 month 4 days ago #300300 by Chris
Hi Kab,

Maybe's it's an option to ask my GP, although with how busy they are, I feel like I'm wasting their time, and hoping that the tribunal will just take my word for it, based on past and current evidence.

Thank you for your input though, appreciate it. :)

Chris.

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1 month 4 days ago #300304 by Kab
Chris, you are certainly not wasting their time, I was able to get an appointment recently for a family member under the DWP cosh, quite quickly via the systmonline portal on our GP's website.
It’s a good way to keep your GP appraised of the additional stress and worry you are under, and it goes on your health record, so If they should approach your practise regarding this matter, it will virtually be the most recent interaction that any GP who is talking to them can then see.
The best of luck
The following user(s) said Thank You: denby, Chris

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