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6 years 7 months ago #197258 by s3an
Tribunal was created by s3an
Evening All
Just a quick question if anyone can advise please.
Just received the S of R from my failed tribunal last month,under no circumstances am i clued up of legal matters,but do have a good understanding of things by reading and searching this wonderful site,I have manged to find several errors of law but looking to find more to fire back .
In the S of R basically their are saying: We preferred their (Nurse) evidence to that of the appellant.We thought their report would be an accurate assessment of the appellants abilities at the time of the decision.
I feel this is not adequate for two reasons.First, it dose not tell me why my evidence was rejected. Secondly, in order to be adequate, a statement of reasons must not only explain why the tribunal reached a particular conclusion; it must show whether in reaching it they applied the law correctly.
How do i know their apply the law correctly.
Just a quick question if anyone can advise please.
Just received the S of R from my failed tribunal last month,under no circumstances am i clued up of legal matters,but do have a good understanding of things by reading and searching this wonderful site,I have manged to find several errors of law but looking to find more to fire back .
In the S of R basically their are saying: We preferred their (Nurse) evidence to that of the appellant.We thought their report would be an accurate assessment of the appellants abilities at the time of the decision.
I feel this is not adequate for two reasons.First, it dose not tell me why my evidence was rejected. Secondly, in order to be adequate, a statement of reasons must not only explain why the tribunal reached a particular conclusion; it must show whether in reaching it they applied the law correctly.
How do i know their apply the law correctly.
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6 years 7 months ago #197262 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal
s3an
Is this for your PIP Tribunal, then the SoR was delivered quickly!
I'm afraid your question is to general to realistically give a specific answer.
The operation of PIP is defined in law, there are regulations that cover eligibility and the criteria against which claimants are assessed. I'm guessing the former is not an issue as your claim was accepted by the DWP. Looking at the Descriptors then in addition to meeting the specific criteria, claimants must be able to complete the activities reliably and on the majority of days, again both these terms are defined in the legislation although not in these exact terms.
So you would need to look at the SoR and decide whether the each specific part of the Decision is within the terms of the legislation or not. Where it gets complicated is when Case Law also needs to be applied It would be unusual for the panel to have made a mistake in regard to the basic legislation but there is more chance of their misunderstanding any applicable Case Law, Have a look for at the following for the current available Case Law.
pipinfo.net/
Gordon
Is this for your PIP Tribunal, then the SoR was delivered quickly!
I'm afraid your question is to general to realistically give a specific answer.
The operation of PIP is defined in law, there are regulations that cover eligibility and the criteria against which claimants are assessed. I'm guessing the former is not an issue as your claim was accepted by the DWP. Looking at the Descriptors then in addition to meeting the specific criteria, claimants must be able to complete the activities reliably and on the majority of days, again both these terms are defined in the legislation although not in these exact terms.
So you would need to look at the SoR and decide whether the each specific part of the Decision is within the terms of the legislation or not. Where it gets complicated is when Case Law also needs to be applied It would be unusual for the panel to have made a mistake in regard to the basic legislation but there is more chance of their misunderstanding any applicable Case Law, Have a look for at the following for the current available Case Law.
pipinfo.net/
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 7 months ago #197263 by s3an
Replied by s3an on topic Tribunal
Gorden
Thanks, to be honest if you saw the S of R you would be gob smacked
Will take a look at the link
Thanks, to be honest if you saw the S of R you would be gob smacked
Will take a look at the link
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6 years 7 months ago #197266 by s3an
Replied by s3an on topic Tribunal
Gordon,
The appellant had been able to find his way to and to attend appointment at felling and North shield page 55,56
When i looked this up in the bungle it was two copy of my appointment letters.
Their is no evidence I attend these, to be honest I never attended the North Shield appointment but did the other,my carer took and brought me back.
All the way throu the S of R Flawed and asumed.
The appellant had been able to find his way to and to attend appointment at felling and North shield page 55,56
When i looked this up in the bungle it was two copy of my appointment letters.
Their is no evidence I attend these, to be honest I never attended the North Shield appointment but did the other,my carer took and brought me back.
All the way throu the S of R Flawed and asumed.
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6 years 7 months ago #197279 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal
s3an
I'm sorry but we can't comment on potential Errors of Law as we have no sight of the papers involved.
Gordon
I'm sorry but we can't comment on potential Errors of Law as we have no sight of the papers involved.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 7 months ago #197325 by s3an
Replied by s3an on topic Tribunal
Gordon
Quick question sorry to bother you,As you aware I have my S of R from last month tribunal
Also have copy of record of proceeding.
In the record of proceeding i note most of my responses to there questions are not there and missing.
There have seem to only recorded things to suite them self and also recorded only some of my response.Sure this can not be fair and legal.
Quick question sorry to bother you,As you aware I have my S of R from last month tribunal
Also have copy of record of proceeding.
In the record of proceeding i note most of my responses to there questions are not there and missing.
There have seem to only recorded things to suite them self and also recorded only some of my response.Sure this can not be fair and legal.
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