- Posts: 51288
granted leave to appeal to comissioner
- letitia
- Topic Author
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
Please Log in or Create an account to join the conversation.
- pete17971
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
Please Log in or Create an account to join the conversation.
- letitia
- Topic Author
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
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
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
Please Log in or Create an account to join the conversation.
- J The Divine B
- Offline
- Posts: 44
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
Please Log in or Create an account to join the conversation.
- Crazydiamond
- Offline
- Posts: 2022
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
Please Log in or Create an account to join the conversation.