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possible pip reconsideration and appeal
- davuck
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6 years 1 month ago #208670 by davuck
Replied by davuck on topic possible pip reconsideration and appeal
Thanks Gordon,
Well I think ive done a good job with the evidence reports and filled in the form as per your guides here so in one way its good to know i can still ask for it to be changed to a paper assesement - I can class that as a backup plan if all else fails. Ideally id like to be accompanied by a professional because all im hearing now on the internet is its all about case law and further appeals etc . I get up in the morning and worry . I like to err on the safe side so im considering using one of these welfare solicitors to be there just in case something comes up etc but I dont really know if i should because the charity scope say the tribunals are only there to fact find and advise not to waste money on welfare solicitors. Its a complicated business. What do you think about using professional help versus going it alone ? Thanks again for any advise etc David
Well I think ive done a good job with the evidence reports and filled in the form as per your guides here so in one way its good to know i can still ask for it to be changed to a paper assesement - I can class that as a backup plan if all else fails. Ideally id like to be accompanied by a professional because all im hearing now on the internet is its all about case law and further appeals etc . I get up in the morning and worry . I like to err on the safe side so im considering using one of these welfare solicitors to be there just in case something comes up etc but I dont really know if i should because the charity scope say the tribunals are only there to fact find and advise not to waste money on welfare solicitors. Its a complicated business. What do you think about using professional help versus going it alone ? Thanks again for any advise etc David
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6 years 1 month ago #208683 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic possible pip reconsideration and appeal
davuck
It may not be easy to see, but does your claim require Case Law to be successful?
If you think that you meet the Descriptors as they are described in the Claim guide, without having to go into the extra text alter in each section, then you probably don't need to argue for Case Law to be considered, However, if you have made reference to the extra text in your appeal then you probably do need to consider Case Law,
Ultimately you need to consider what is best for your, but do please consider the cost of a solicitor versus wha you might receive as an award (including back payment).
Some solicitors offer a free half hour session, may be this can help you decide.
www.gov.uk/government/publications/direc...-legal-aid-providers
Gordon
It may not be easy to see, but does your claim require Case Law to be successful?
If you think that you meet the Descriptors as they are described in the Claim guide, without having to go into the extra text alter in each section, then you probably don't need to argue for Case Law to be considered, However, if you have made reference to the extra text in your appeal then you probably do need to consider Case Law,
Ultimately you need to consider what is best for your, but do please consider the cost of a solicitor versus wha you might receive as an award (including back payment).
Some solicitors offer a free half hour session, may be this can help you decide.
www.gov.uk/government/publications/direc...-legal-aid-providers
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 1 month ago #208715 by davuck
Replied by davuck on topic possible pip reconsideration and appeal
Thanks Gordon,
Ive a feeling I might need to consider case law im just not sure either way. If I were to provide the relevant case law from the upper tier tribunal that I think applies to me at this first appeal and i was wrong or they thought i was being presumptuous or something like that could that have negative consequences for me ?
apologies if my questions show lack of confidence , its just that this whole pip thing has nearly destroyed me and im worried all the time.
Thanks in advance David
Ive a feeling I might need to consider case law im just not sure either way. If I were to provide the relevant case law from the upper tier tribunal that I think applies to me at this first appeal and i was wrong or they thought i was being presumptuous or something like that could that have negative consequences for me ?
apologies if my questions show lack of confidence , its just that this whole pip thing has nearly destroyed me and im worried all the time.
Thanks in advance David
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6 years 4 weeks ago #208756 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic possible pip reconsideration and appeal
davuck
You are not being presumptuous in referencing Case Law, of you do then just quote the sections that you think are relevant or the summary, do not include a copy of the actual Decision, the panel will want to source this themselves.
Gordon
You are not being presumptuous in referencing Case Law, of you do then just quote the sections that you think are relevant or the summary, do not include a copy of the actual Decision, the panel will want to source this themselves.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 10 months ago #213519 by davuck
Replied by davuck on topic possible pip reconsideration and appeal
Well 2hrs my tribunal took and I got the decision, they recognise I have multiple health conditions but fall short of the required points for either component. So I have written for the judges reasons and will consider a 2nd tier appeal.
My question relates to making a fresh new claim for pip in the meantime if I do in fact go with a 2nd tier appeal. Does a fresh claim for pip affect the appeal to the 2nd tier tribunal for the backpay. Obviously a fresh claim if I dont go to 2nd tier will just be a new claim etc but I have been told is possible to have both running at the same time and I wonder if there are any drawbacks or advantages etc.
My question relates to making a fresh new claim for pip in the meantime if I do in fact go with a 2nd tier appeal. Does a fresh claim for pip affect the appeal to the 2nd tier tribunal for the backpay. Obviously a fresh claim if I dont go to 2nd tier will just be a new claim etc but I have been told is possible to have both running at the same time and I wonder if there are any drawbacks or advantages etc.
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5 years 10 months ago #213529 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic possible pip reconsideration and appeal
davuck
The only issue that you need to be aware of is that a new claim will result in a new Decision that will supersede any previous ones, this will include any Decision from a further appeal about your current claim.
However, an appeal to the UTT which if successful will most likely result in a new FTT hearing could easily take as long as a year and that assumes that there was an Error in the making of the Decision.
You can make a new claim immediately, there is no waiting time. Obviously you need to think about how you address the issues that meant that you did not receive one from your original claim.
Gordon
The only issue that you need to be aware of is that a new claim will result in a new Decision that will supersede any previous ones, this will include any Decision from a further appeal about your current claim.
However, an appeal to the UTT which if successful will most likely result in a new FTT hearing could easily take as long as a year and that assumes that there was an Error in the making of the Decision.
You can make a new claim immediately, there is no waiting time. Obviously you need to think about how you address the issues that meant that you did not receive one from your original claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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