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6 years 8 months ago #194021 by Blagdon
Upper Tribunals was created by Blagdon
If your appeal is turned down at a first tribunal hearing, is it worth going to an upper tribunal? Has anyone succeeded in these circumstances? There is only one disputed area to consider and it is the mobility descriptor for planning and undertaking unfamiliar journeys alone. The decision date was November 2016 and the Tribunal hearing was 16th May 2017 but the appeal was turned down.
Is it worth appealing on the grounds of decisions by Judge Agnew v Judge Jacobs rulings? Will the UT be impartial and not just agree with the Lower Tribunal? Lastly could the UT take away the award altogether? Would be really grateful for your advice. Thanks

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6 years 8 months ago - 6 years 8 months ago #194058 by slugsta
Replied by slugsta on topic Upper Tribunals
Hi Blagdon and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

I'm sorry that the tribunal did not go in your favour :(

I'm afraid the only grounds for taking this further would be an 'Error in Law'. Have you requested a 'Statement of Reasons' from the Tribunal Service? This must be requested within 1 month of the date of the decision, so it will be too late if you have not already done this.

What is an Error of Law?

Tribunals – Requesting a Statement of Reasons

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your claim without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it helps us enormously - and I hope you will find it useful too :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 8 months ago by slugsta.
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6 years 8 months ago #194059 by Gordon
Replied by Gordon on topic Upper Tribunals
Blagdon

If the hearing was 16 May and you have taken no action in the interim, then you are now outside the one month allowed for you to take the matter further.

Also, you cannot appeal to the UTT because you disagree with the Decision but only because you can show that there was an Error of Law in the making of the Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 8 months ago #194117 by Blagdon
Replied by Blagdon on topic Upper Tribunals
Hi, yes I did request a statement of reasons and a record of proceedings, which I have just received. They said that it was felt that I would "prefer" to have someone with me in the car rather than having to "have" someone. This is not the case, and that is why I asked about Judge Jacobs v Judge Agnew. Is that an "error of law" or can the tribunal follow whichever Judge they please?

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6 years 8 months ago #194142 by Gordon
Replied by Gordon on topic Upper Tribunals

Blagdon wrote: Hi, yes I did request a statement of reasons and a record of proceedings, which I have just received. They said that it was felt that I would "prefer" to have someone with me in the car rather than having to "have" someone. This is not the case, and that is why I asked about Judge Jacobs v Judge Agnew. Is that an "error of law" or can the tribunal follow whichever Judge they please?


We are limited in the advice we can give in regard a UTT appeal as we have no sight of the of the papers involved.

The issue you raise does not appear at first glance to represent an Error, the panel are entitled to reach there own conclusions from the evidence presented and this includes their disagreeing with how you are affected when in a car. Unless you can show that this view is inconsistent with the evidence presented and not just your opinion or that no reasonable person would have come to the same conclusion given the evidence available then I think that you will struggle to show an Error

This is not an issue of which "Judge" they should be looking at, the point that they have raised is more fundamental than this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 8 months ago #194216 by Blagdon
Replied by Blagdon on topic Upper Tribunals
Thank you for clarifying that, it's disappointing but I don't think that appealing will do any good in this case.

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