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TOPIC: Tribunal Error / Appeal

Tribunal Error / Appeal 7 years 8 months ago #14546

  • Sherlock
Hi I received my medical tribunal decision today. The decision has gone against me however in the Tribunals brief decision reasons there seems to be an error of law.
They did listen to my recording of the Atos doc that came to my home. The tribunal said I did not have his (the doc's) permission to record the medical?. Duh its in my home for my reference...I didnt need his permission!.
He (the doc) did not have my permission to misrepresent the truth and write an absurd medical report...that the tribunal have taken in to account.
Its just wrong! wrong! wrong! they can just do what they like! the doc on the tribunal panel is Atos employed and cannot be considered impartial.
Can I just appeal to the 2nd tier tribunal or do I have to ask for a statement of reasons?
I have lost complete faith in the 'GOOD' and 'RIGHT' in people....I will fight on against this injustice.
I had to have a paper hearing on medical grounds just in case you were wondering.

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Re:Tribunal Error / Appeal 7 years 8 months ago #14556

Hi Sherlock,

I'm really sorry to hear about your tribunal result.

You may be able to appeal to the upper tribunal. The first step is indeed to ask for a full statement of reasons from the tribunal chair. You need to do this within one month of the date of the decision you wish to appeal against.

Once you have the full written reasons you can try to find an error of law. Do get back to us at that point, we may be able to make some suggestions.

Good luck,

Steve

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

Re:Tribunal Error / Appeal 7 years 8 months ago #14568

  • Sherlock
Thanks Steve, sorry it seems I made a type error above...I meant to say the Tribunal would not listen to my recording of the Atos Doc. And in spite of the overwhelming evidence that the medical was not carried out correctly and the Atos doc has made in excess of 20 serious errors the tribunal has used his report in making their decision. I would count that as the first error of law they have made.
I will be back in touch. Regards Sherlock

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Re:Tribunal Error / Appeal 7 years 8 months ago #14569

Hi Sherlock,

Although there's nothing illegal about covertly recording a medical, the tribunal
do not have to accept your recording, they have the power to decide which evidence to reject and which to accept, and they obviously decided not to accept your covert recording.

As Steve has advised, you need to apply for a full Statement of Reasons (SoR) for the tribunal's decision and then to seek advice from a welfare rights worker as to whether or not the tribunal has made an error(s) of law.

If it's felt they have, then you have to seek permission from your Tribunal legal member for permission to appeal to the Upper Tribunal ( formerly called Social Security Commissioners).

If they refuse, so long as the tribunal have made an 'error of law' you can appeal directly to the Upper Tribunal.

However, as we can't give individual advice, you really need to seek advice from
a welfare rights agency when you receive the full SoR.

Hope this helps.

Jim

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PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Tribunal Error / Appeal 7 years 8 months ago #14674

  • Sherlock
It certainly doesnt make the Tribunal look very credable when they have a Atos Doc as part of the 3 member panel and I have a complaint and recording of the Atos Doc medical when he came to my house.
It reminds me of a Ostridch burying its head in the sand!
They (The Tribunal)have decided to not listen to my evidence although it was legal to obtain it.
They also said in the brief comments sent to me that I did not have a case because I was mobile...thats a joke becuase my claim was for Care not Mobility.
Perhaps the cold weather had frozen their brains on the day. Whatever the reason the panel that heard my paper case have not only done me an injustice but they have done the Tribunals credibility an injustice and made a discrace out of what should be a fair and proper procedure.
Thats enough of my ranting on the subject but really what a buch of Dippo's!.

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Re:Tribunal Error / Appeal 7 years 8 months ago #14679

  • Wilf
Hello Sherlock,
After reading this I thought it may be worth offering you some information as I had a similar experience to you in November 2008.
The Tribunal accepted the ATOS EMP's report even though I had told them it was fatally flawed in numerous places.
I obtained the SOR and requested permission to appeal. I found it incredible that the Chair of the Tribunal that decided my application was also the person to decide if I would be allowed to appeal to the Upper Tribunal. When would they ever decide to admit they were wrong in Law?
You wont be suprised to read that the Tribunal Chair refused me permission to appeal as ''there had been no error in Law''.
I continued to appeal directly to the Upper Tribunal and the Judge found 3 clear errors in Law and granted me permission to Appeal. The Secretary of State agreed there were ''clear errors in Law'' and the upshot is that a fresh Tribunal has been ordered with a new panel and any fresh evidence from either side can be added.
I recount this tale to you simply because you should not be put off if/when the Tribunal Chair refuses you permission to appeal. You should push on and see what the Upper Tribunal Judge thinks of the SOR.
Sorry to have gone on so long and I hope this may help you.
Wilf.

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