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How to appeal to the upper tribunal

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6 years 2 months ago #206923 by Jason
I have just received my statement of reasons and it contradicts itself. The judge has said I've slipped in the kitchen when I said I have had seizures. I have a driving licence she did not like that I explained I have seizures standing up or in my sleep I've not had one sitting down in the 43 years I've had epilepsy and am on a 3 year licence. She later states I don't have seizures sitting down so I can use a knife but I'm dangerous to drive, surely if she thinks I'm safe using a knife whilst sitting because I don't have seizures then I'm safe to drive as you can only drive whilst sitting. She said my epilepsy wasn't as bad as I say despite my neurologist and doctors medical report my doctor even stated my epilepsy is uncontrolled, I had a hospital report stating I cracked my head on the wall whilst having a seizure and needed 5 stitches.
In 2007 I had a DLA Appeal and they came back with a unanimous decision saying I need constant supervision through out the day and watching over at night, I'm awareDLA and PIP are different benefits but surely constant supervision through out the day means just that no matter what the benefit . The judge decided to ignore all the evidence and go on her own predjudices about Epileptic's driving.
The judge was very rude she snapped at my partner and nearly had them in tears she snapped at the disability lady and stopped just short of calling me a liar and snapped at me. When I had my DLA Appeal in 2007 at the same place it was totally different they had a friendly approach and made you feel at ease whereas the judge for my PIP Appeal just intimidated you.
I'd really appreciate if anyone out there could tell me I have reasons enough to appeal against the judge's decision and on what grounds.

Many thanks in advance.

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6 years 2 months ago #206972 by Gordon
Replied by Gordon on topic How to appeal to the upper tribunal
Jason

I'm sorry but I can't answer your question, to do so I would need to see all of the papers used in your appeal, not just the Statement of Reasons.

To take the matter further you will need to show that there has been an Error of Law in the making of the Decision, you cannot take it to the UTT because you disagree with the Decision reached,

What is an Error of Law?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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