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Application for Leave to Appeal to the Commissiner
- Paul H.
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5 years 10 months ago #213743 by Paul H.
Application for Leave to Appeal to the Commissiner was created by Paul H.
Hi,after my Oral Appeal I have been awarded 6 points DL and 12 points for Mob.
I am considering an Application for Leave to Appeal to the Commissioner.I scored 4pts for Preparing food and 2pts for washing and bathing.My question is has anyone ever had their Appeal changed after apply for leave to the commissoner and is these any law in the other activities which I could look at to see if they have been applied correctly.Could my present award be changed if I apply for leave to the commissioner?
I am considering an Application for Leave to Appeal to the Commissioner.I scored 4pts for Preparing food and 2pts for washing and bathing.My question is has anyone ever had their Appeal changed after apply for leave to the commissoner and is these any law in the other activities which I could look at to see if they have been applied correctly.Could my present award be changed if I apply for leave to the commissioner?
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- Gordon
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5 years 10 months ago #213767 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Application for Leave to Appeal to the Commissiner
Paul
Lots of appeals to the UTT are successful but be aware that the most likely result of a successful appeal is a new First Tier appeal.
Also, you cannot appeal to the UTT because you disagree with the Decision, only because you can show that there was an Error of Law in the making of the Decision.
The first stage to an appeal to the UTT is to request a Statement of Reasons from the Judge in charge of your hearing.
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
Have a look at the following for an up to date list of PIP Case law.
pipinfo.net/
Gordon
Lots of appeals to the UTT are successful but be aware that the most likely result of a successful appeal is a new First Tier appeal.
Also, you cannot appeal to the UTT because you disagree with the Decision, only because you can show that there was an Error of Law in the making of the Decision.
The first stage to an appeal to the UTT is to request a Statement of Reasons from the Judge in charge of your hearing.
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
Have a look at the following for an up to date list of PIP Case law.
pipinfo.net/
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Paul H.
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- Paul H.
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5 years 10 months ago #213826 by Paul H.
Replied by Paul H. on topic Application for Leave to Appeal to the Commissiner
Hi Gordon,if I appeal to the UTT could my award stop during the process?
If the UTT send the appeal for a new first tier appeal could this stop payments and also could the First Tier change the award or do they only look at the activities which I believe scored incorrectly and which I believe the law was used correctly?
If the UTT send the appeal for a new first tier appeal could this stop payments and also could the First Tier change the award or do they only look at the activities which I believe scored incorrectly and which I believe the law was used correctly?
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- Gordon
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5 years 10 months ago #213839 by Gordon
No it's a full appeal, as you have just had. they can look at anything that they believe they should, the only restriction will from the UTT Judge to ensure that they do not commit the same Error of Law.
Tribunal Judges are required to inform the claimant if they believe that an existing award is in danger, so that the appeal can be withdrawn.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Application for Leave to Appeal to the Commissiner
Paul H. wrote: Hi Gordon,if I appeal to the UTT could my award stop during the process?
If the UTT send the appeal for a new first tier appeal could this stop payments and also could the First Tier change the award or do they only look at the activities which I believe scored incorrectly and which I believe the law was used correctly?
No it's a full appeal, as you have just had. they can look at anything that they believe they should, the only restriction will from the UTT Judge to ensure that they do not commit the same Error of Law.
Tribunal Judges are required to inform the claimant if they believe that an existing award is in danger, so that the appeal can be withdrawn.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Paul H.
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