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granted leave to appeal to comissioner

  • letitia
  • Topic Author
13 years 2 months ago #67616 by letitia
granted leave to appeal to comissioner was created by letitia
hi everyone long time since i have posted here almost 18 months ,lost my appeal at tribunal , but have just received letter today have been granted leave to appeal to the comissioner , on errors of law by the first tribunal .
As i dont have a representative and have got this far myself with the help of this site ,If someone can help me now , what do i do next ,
RE , Acompaning note

The Department at the Commissioners request has submitted observations on the above application and if you wish to make any written comments on these observations they should be received by us no later than one month from the date of this letter ,

I have searched the help pages but cant find anything that relates to the next step after the leave for appeal has been granted ,Any help would be greatly appreciated ,,,

letitia :(

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  • pete17971
13 years 2 months ago - 13 years 2 months ago #67617 by pete17971
Replied by pete17971 on topic Re:granted leave to appeal to comissioner
letitia wrote:

hi everyone long time since i have posted here almost 18 months ,lost my appeal at tribunal , but have just received letter today have been granted leave to appeal to the comissioner , on errors of law by the first tribunal .
As i dont have a representative and have got this far myself with the help of this site ,If someone can help me now , what do i do next ,
RE , Acompaning note

The Department at the Commissioners request has submitted observations on the above application and if you wish to make any written comments on these observations they should be received by us no later than one month from the date of this letter ,

I have searched the help pages but cant find anything that relates to the next step after the leave for appeal has been granted ,Any help would be greatly appreciated ,,,

letitia :(



Hi,

Firstly congratulations on getting leave to appeal.

I am a little surprised at some of the terminology used, such as the 'Department of Commissioners' and 'leave to appeal to the Commissioners' as since 2008 Commissioners were replaced in the UK by the Upper Tier Tribunal in the Administrative Appeals Chamber. Unless of course you are in Northern Ireland?

However, that aside, as you are probably aware, we cannot answer posts about individual claims. Therefore it would be well worth obtaining some face to face help from a Welfare Rights Adviser in order to best prepare and present your evidence to the Upper Tier.

There are details of where you can get such help in the 15 page guide and from the organisations listed here:

www.benefitsandwork.co.uk/faq/general#help

Pete
Last edit: 13 years 2 months ago by pete17971.

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  • letitia
  • Topic Author
13 years 2 months ago #67679 by letitia
Replied by letitia on topic Re:granted leave to appeal to comissioner
hi pete , thanks for taking time to answer my post, and i understand you cant give personal help to indivual claims ,and your correct i am in N Ireland, I just dont understand what i am now expected to do in regards to the accompaning note IE

RE , Acompaning note

The Department at the Commissioners request has submitted observations on the above application and if you wish to make any written comments on these observations they should be received by us no later than one month from the date of this letter ,

Do they just want me to send further medical evidence or comment on all the observations i have received in the permission to appeal bundle ,

I have tried to get help with numerous help agencies ,but is impossible as they are all up to their eyes ,

again many thanks
letitia

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13 years 2 months ago #67686 by Gordon
Replied by Gordon on topic Re:granted leave to appeal to comissioner
letitia

Unfortunately, the problems you are experiencing are exactly why you need an advisor with experience in appeals to the Upper Tribunal.

As I understand it, the UT will only review evidence and testimony that was available to the original Tribunal, so I would not expect you to be able to submit new evidence.

Secondly, the UT is not re-making the Decision of the original Tribunal. So the judge will not be evaluating you evidence in the context of whether or not you meet the criteria of the benefit your are attempting to claim. They are only interested in whether the panel followed the law in evaluating that evidence, and that their decision is consistent with it.

Remember, the best decision you can expect from the UT, is that the original Decision is set aside and a new (lower) Tribunal hearing is ordered.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 2 months ago #67687 by J The Divine B
Replied by J The Divine B on topic Re:granted leave to appeal to comissioner
You can use the law librar,yirst floor OF THE SKYSCRAPER at Queen's University at University Square, Belfast BT7.
Entry is free ---or was when I last visited ---and take official photo identity with you.

Have you tried your DUP or Sinn Fein advice centres? ---We are all one in this

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13 years 2 months ago #67700 by Crazydiamond
Replied by Crazydiamond on topic Re:granted leave to appeal to comissioner
Gordon wrote:

letitia

Unfortunately, the problems you are experiencing are exactly why you need an advisor with experience in appeals to the Upper Tribunal.

As I understand it, the UT will only review evidence and testimony that was available to the original Tribunal, so I would not expect you to be able to submit new evidence.

Secondly, the UT is not re-making the Decision of the original Tribunal. So the judge will not be evaluating you evidence in the context of whether or not you meet the criteria of the benefit your are attempting to claim. They are only interested in whether the panel followed the law in evaluating that evidence, and that their decision is consistent with it.

Remember, the best decision you can expect from the UT, is that the original Decision is set aside and a new (lower) Tribunal hearing is ordered.

Gordon


As the member is from Northern Ireland, the Upper Tribunal does not exist under NI law. The equivalent in NI is the Office of Social Security Commissioners and Child Support Commissioners. Sorry if I sound that I am being pedantic, but the OP may be confused as to what the UT is in NI?

The OSSCSC can also in certain circumstances set aside the decision under appeal, and give the decision which the tribunal should have given instead of referring the case back for a rehearing by a new tribunal.
Nothing on this board constitutes legal advice - always consult a professional about specific problems

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