Time to hear from Upper Tribunal?

I was refused by my first tier tribunal judge permision to appeal to the upper tribunal. I have made my appeal never the less and just wanted to know if anyone has been here and how long it took for them to decide if you can appeal and if so how long does this then take?

I feel the tribunal got things wrong, they got confused over stuff and failed to use GP's further letters for reconfirming things etc. I have no help and was unable to find a rights worker or solicitor to help so must proceed alone....I did previously have a solicitor but received some pretty poor advice and dismissed them before my tribunal, was that wise? Not sure but when you have zero confidence and they have told you to do stuff then denied it what do you do?

Fed up of it all now going on from 2009 but not giving up until the very last NO!!!!

Hi John

It is wise to dis-instruct a rep if they give poor advice.

The first-tier tribunal often refuse permission to appeal to the UT without giving any reasons; it doesn't mean that the UT will refuse permission, as long as your appeal is suggesting there has been an error of law.

I was given permission to appeal just over a month after application, but it can vary considerably depending on the UT's workload. After being given permission it will take several months at the least to reach a decision as both you and the DWP have a chance to give observations, which are usually one month apart, before the judge can decide.

Good luck

Derek

Thank you Derek it gives a bit of fresh hope to hear.

I hate this error of law stuff as I do not know and understand the law fully.

The basis of my appeal against the tribunal decision is that they accepted as accurate my gp form sent by the DWP and taken it as gospel even though it does not actually say what they say it does but have not used 2 further letters from GP supplied to them by me later that makes it pretty clear the whole situation and the letter is retrospective to cover the period of the 'DWP form' and if they accept this GP evidence the decision is pretty much obvious.

I am thinking maybe because it was 5 months after the initial DWP form but they have used / mentioned a atos dr report 5 months after my gp report to clarify a different point.

My GP further evidence is not mentioned at all in the statement of reasons. I have a few other points but that is the main point I think....Am I right in saying this is grounds for appeal?

Appeals to the Upper Tribunal can be very complex, as the interpretation of what amounts to an error of law can vary substantially between claims/appeals and the decision of the first-tier tribunal.

Although you have said that there is nobody available to assist with your appeal, if you are considering an appeal to the UT it is imperative that you seek advice from a legally qualified welfare rights specialist, where they can go through your case papers on a one-to-one basis and identify any potential errors of law, which may form the basis of an appeal.

For details of an organisation who would be able to assist with an appeal, have you tried Community Legal Advice?

Help is not available to me.....I tried and I could not get any help!!!!

I tried for 2 weeks before I did it myself, I am not able to use a solicitor as I had already had one and dismissed them. No agencies i tried like cab could really help me in the time that I had. Almost every person I spoke to told me to get involved at this point was very difficult for them.

I have looked through things the best I can but that is all I could do.

Seems that after working for 28 years paying your taxes and insurance this system fails you at every point when you most need it.

Now I rely on the great resources here and anything I can find online to help me. If it was not for B&W I would be in a much worse position.

Unfortunately, as much as I sympathise very much with your predicament, it is not possible to assist with your appeal to the UT in an open forum, for the reasons given in my previous post.