Upper Tribunal

Does anyone have any experience of an Upper Tribunal Appeal?
Also,in my recent ESA Appeal,as I found the questions,comments and attitude of the Doctor, rude and scathing is there any point in writing a letter to the Tribunals Service in relation to this??
(The lawyer present was very pleasant,but she did'nt ask many questions and tended to write a lot)
During my last employment I represented my company in county court proceedings and can honestly say the defendants who had defaulted on court orders etc were treated with a great deal more respect than I was in my appeal.Derogatory Comments were even made about the type of walking stick I was using that day!!

Hi wobbler

We aren't able to give specific advice on Upper Tier Tribunal Appeals, other than to say you're advised to get representation for this. You can't appeal to an Upper Tribunal just because you don't agree with the first tribunals decison, but eg that they got the law wrong, failed to consider evidence.

I was sorry to hear about your bad experience at Appeal tribunal from the doctor, you can certainly complain to the tribunal service. From personal experience I'm afraid rude doctors aren't unusual at tribunals and it might be suggested that they attend some form of retraining, should your complaint be accepted.

Hope this is of assistance

Kind regards

Michael

Hi Wobbler

Although UT appeals are beyond the scope of the ESA appeals guide, the procedure is explained on page 30.

If you wish to appeal to the UT, first you need to apply in writing to the first-tier tribunal for a full Statement of Reasons for the decision. You have one calender month from the date of the tribunal decision to do this. You should also ask for a copy of the Record of Proceedings, which are the Judge's handwritten notes taken during the hearing.

You can only appeal to the UT if the SOR contains a error of law or if there were any procedural errors at the hearing. If the medical member was rude or disrespectful you can make a formal complaint about him, but it will be entirely separate and not affect the appeal.

Good luck

Derek

Many Thanks for the advice,I'm so confused by all this.In so much pain couldn't possibly look for work which is what I assume I have to do in the WRAG.I expect to be operated on in October and will be unable to work for at least 3 months and then my other knee urgently needs replacing.Does my GP have to give me 'fit notes' for this periods so that I am exempt from WFI's??

Thanks Gordon,

I thought I had to attend the Pathways sessions in order to find employment whilst in WRAG?