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Appeal to the Upper Tribunal re ESA WRAG

Gordon
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10 years 4 months ago #117331 by Gordon

Replied by Gordon on topic Appeal to the Upper Tribunal re ESA WRAG

Freda

According to a previous post of yours

"In accordance with Practice Statement Record of Proceedings in Social Security and Child support Cases in the Social Entitlement Chamber the presiding member, or in the case of a Tribunal composed of only one member that member, has determined that the record of proceedings shall be made by being digitally recorded."

So you have had the Record of Proceedings, it is the CD that you received.

As previously posted, you can try raising a Subject Access Request for the Judges Notes, but they have 40 calendar days to respond, so you should concentrate on submitting your appeal to the Upper Tribunal as you only have one month from the date of the letter accompanying the written Statement of Reasons.

Gordon

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

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Freda
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10 years 4 months ago - 10 years 4 months ago #117334 by Freda

Replied by Freda on topic Appeal to the Upper Tribunal re ESA WRAG

Yes I will do that, but I'm very suspicious of their motives as my tribunal experience was that they were far from impartial and unbiased. The bit that you quote looks like it has been superimposed on the document at the time of photocopying it to send to me. I know that the judge made notes. The recording does not give any insight into why the judge made the decisions he did. As far as I'm concerned I explained satisfactorily why more than one of the descriptors for SG applied to me so I'm interested as to why he decided they do not apply. As the DR article says the judge's notes would 'help establish grounds for appeal'. I feel really strongly about this. What have they got to hide? If there's nothing to hide why don't they just send me the notes?

Last edit: 10 years 4 months ago by Gordon.

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Gordon
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10 years 4 months ago #117342 by Gordon

Replied by Gordon on topic Appeal to the Upper Tribunal re ESA WRAG

Freda wrote: Yes I will do that, but I'm very suspicious of their motives as my tribunal experience was that they were far from impartial and unbiased. The bit that you quote looks like it has been superimposed on the document at the time of photocopying it to send to me. I know that the judge made notes. The recording does not give any insight into why the judge made the decisions he did. As far as I'm concerned I explained satisfactorily why more than one of the descriptors for SG applied to me so I'm interested as to why he decided they do not apply. As the DR article says the judge's notes would 'help establish grounds for appeal'. I feel really strongly about this. What have they got to hide? If there's nothing to hide why don't they just send me the notes?

The Record of Proceedings will not give you an insight into how the Decision was made, this is what the written Statement of Reasons is for, you have a far more complete Record of Proceedings than most claimants receive, you have a complete audio recording of everything that was said and by whom, so they are not hiding anything from you, to be clear, there is no written Record of Proceedings.

Gordon

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

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Freda
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10 years 3 months ago - 10 years 3 months ago #118408 by Freda

Replied by Freda on topic Appeal to the Upper Tribunal re ESA WRAG

I have now been granted permission to appeal to the Upper Tribunal, and have been provided with an appeal form to complete and submit to them. I'm unsure how to proceed from here. Where it asks for my reasons for appealing, should I enter word for word everything that I put in my letter to the FTT applying for permission to appeal (or even just enclose a copy of the letter), or do I need to abbreviate it, or do I need to do something completely different for this stage of the process? Any advice you could give me would be very much appreciated

Last edit: 10 years 3 months ago by bro58.

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bro58

10 years 3 months ago #118409 by bro58

Replied by bro58 on topic Appeal to the Upper Tribunal re ESA WRAG

Freda wrote: I have now been granted permission to appeal to the Upper Tribunal, and have been provided with an appeal form to complete and submit to them. I'm unsure how to proceed from here. Where it asks for my reasons for appealing, should I enter word for word everything that I put in my letter to the FTT applying for permission to appeal (or even just enclose a copy of the letter), or do I need to abbreviate it, or do I need to do something completely different for this stage of the process? Any advice you could give me would be very much appreciated

Hi F,

If at all possible, you should try and obtain professional support.

Legal Aid is still available for UTT Appeals.

Where to get advice

This information may help further :

Appealing to The Upper Tier, DR UK Factsheet

bro58

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Freda
Topic Author

10 years 3 months ago #118410 by Freda

Replied by Freda on topic Appeal to the Upper Tribunal re ESA WRAG

FYI I won't be eligible for legal aid as my husband works.

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