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use of case history at tribunal
- merlin
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6 years 8 months ago #193857 by merlin
use of case history at tribunal was created by merlin
in the evidence supplied by the d.w.p,.for the tribunal are case numbers about decisions made i.e, sswp v lb (2016) ukut 0530 (aac) (regarding daily living activity) mh v sswp (2016) ukut 0531 (aac) (regarding mobility activity 1) decisions were made by the upper tribunal (amendment) regulation 2017 si2017 no 194, not having legal training and unable to find an advocate could you explain how these decisions are being use as a reason to stop my appeal
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- Gordon
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6 years 8 months ago #193876 by Gordon
The first case relates to Managing Treatment and specifically taking medication in regard to diabetes, the second is in regard to the Going Out activity and in particular Descriptors (d) and (f). In both cases these Decision have been superseded by the change in the PIP Regulations made in March.
When was the original Decision on your claim made? If it was before 16 March 2017 then the changes to the PIP Regulations do not apply and these two UTT Decisions do.
Gordon
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Replied by Gordon on topic use of case history at tribunal
merlin wrote: in the evidence supplied by the d.w.p,.for the tribunal are case numbers about decisions made i.e, sswp v lb (2016) ukut 0530 (aac) (regarding daily living activity) mh v sswp (2016) ukut 0531 (aac) (regarding mobility activity 1) decisions were made by the upper tribunal (amendment) regulation 2017 si2017 no 194, not having legal training and unable to find an advocate could you explain how these decisions are being use as a reason to stop my appeal
The first case relates to Managing Treatment and specifically taking medication in regard to diabetes, the second is in regard to the Going Out activity and in particular Descriptors (d) and (f). In both cases these Decision have been superseded by the change in the PIP Regulations made in March.
When was the original Decision on your claim made? If it was before 16 March 2017 then the changes to the PIP Regulations do not apply and these two UTT Decisions do.
Gordon
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- Lexxus
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6 years 8 months ago #193901 by Lexxus
Replied by Lexxus on topic use of case history at tribunal
Hi Gordon,
I applied on the 1 March 2017, and the new law which didn't come in until the 16th March 2017 was used against me, saying anxiety/mental health cannot be used for planning a rout etc - I argued in my Mandatory Reconsideration that they can't use something against me that wasn't in force when I applied, that is illegal in itself right?
I noticed you mentioned to the OP that if the decision was made after the legislation, but I was of the understanding it was if the application was made before the legislation came into force...???
I applied on the 1 March 2017, and the new law which didn't come in until the 16th March 2017 was used against me, saying anxiety/mental health cannot be used for planning a rout etc - I argued in my Mandatory Reconsideration that they can't use something against me that wasn't in force when I applied, that is illegal in itself right?
I noticed you mentioned to the OP that if the decision was made after the legislation, but I was of the understanding it was if the application was made before the legislation came into force...???
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- Gordon
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6 years 8 months ago #193927 by Gordon
They could have done this but they didn't, I'm afraid it is the Decision date that is important.
Gordon
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Replied by Gordon on topic use of case history at tribunal
Lexxus wrote: I noticed you mentioned to the OP that if the decision was made after the legislation, but I was of the understanding it was if the application was made before the legislation came into force...???
They could have done this but they didn't, I'm afraid it is the Decision date that is important.
Gordon
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- Vonjean
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6 years 8 months ago #194129 by Vonjean
Replied by Vonjean on topic use of case history at tribunal
I am due to go to appeal on the 4th August, the reply by PIP also quotes the two above cases. Does this mean that my appeal will be turned down just because they quote the above cases. They have stated that the tribunal should be aware.
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- Gordon
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6 years 8 months ago #194152 by Gordon
Not necessarily, it depends on what you are appealing and why and when the original Decision was made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic use of case history at tribunal
Von wrote: I am due to go to appeal on the 4th August, the reply by PIP also quotes the two above cases. Does this mean that my appeal will be turned down just because they quote the above cases. They have stated that the tribunal should be aware.
Not necessarily, it depends on what you are appealing and why and when the original Decision was made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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