Appeal to the Upper Tribunal re ESA WRAG

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

Hi F,

Remember, The UTT will not be "retrying" the decision as such, so they will not be re-looking at the actual evidence itself.

The will be looking at whether the FTT have erred in law in coming to the decision.

There is a list of what can be considered an error of law in the links already provided.

Therefore, you should concentrate on highlighting how and why The FTT erred in law in coming to their decision.

bro58

You quoted my last post but I can't see your reply?

Freda wrote: You quoted my last post but I can't see your reply?

It's there now F,

I hit quote instead of edit.

bro58

Hi F,

An error of law could be one or more of the following :

Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to you, failure to explain why they’ve relied on any material evidence against you, particularly where that evidence was put at issue by you, complete mishandling of relevant evidence or applying the law incorrectly, etc.

Try and choose what particular error/s of law applies to your FTT decision, and highlight it.

For example, even though the UTT may not "re-look" at evidence used at the hearing to make the decision, they may feel that The FTT failed to take it into account, or did not pay due regards to it in coming to the decision, etc, etc.

bro58

Hi OK I already put all of this down in my letter to the FTT applying for permission to appeal to the UTT. I explained where I felt that important evidence had been disregarded, insufficient reasons given etc. So what I'm asking is, do I just have to regurgitate this or should I try to hone it a bit more? Will the UTT expect to hear exactly what I've written to the FTT? I'm not sure what to do next. Have tried searching online for professionals who specialise in this stuff but no luck. Beginning to feel very stressed out about it all as the time limit is ticking away. Not sure if I can take it any further or even if there is any point. Probably the best I could hope for anyway would be for UTT to bat me back to a new FTT, is that correct? I don't think I could go through all of that again. Really struggling with it all now

PS I could tell you what the FTT have said in the Decision Notice but I'm wary in case they are monitoring these forums