- Posts: 2076
× Members
UPPER TRIBUNAL
- pauline17
- Topic Author
12 years 2 months ago #81924 by pauline17
UPPER TRIBUNAL was created by pauline17
Having failed at the lower tribunal i am in
the process of applying to the upper tribunal,is this worth it considering i
have reapplied for ESA and awaiting another medical if this fails i will have to reapply
to the lower tribunal again and the whole process starts again having two tribunal appeals at the same time can this harm my case.
the process of applying to the upper tribunal,is this worth it considering i
have reapplied for ESA and awaiting another medical if this fails i will have to reapply
to the lower tribunal again and the whole process starts again having two tribunal appeals at the same time can this harm my case.
Please Log in or Create an account to join the conversation.
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
- Offline
Less More
12 years 2 months ago #81927 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:UPPER TRIBUNAL
Hi Pauline,
You can only apply to the Upper Tribunal, if the First Tier Tribunal made an 'error of law'.
See www.benefitsandwork.co.uk/forum?func=view&catid=10&id=70444 and scroll down to Appeals.
If this doesn't help, post again and either I or one of our other moderators will do their best to assist you.
Good luck.
Jim
You can only apply to the Upper Tribunal, if the First Tier Tribunal made an 'error of law'.
See www.benefitsandwork.co.uk/forum?func=view&catid=10&id=70444 and scroll down to Appeals.
If this doesn't help, post again and either I or one of our other moderators will do their best to assist you.
Good luck.
Jim
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
Please Log in or Create an account to join the conversation.
- Derek4
- Offline
Less More
- Posts: 2521
12 years 2 months ago #81942 by Derek4
Replied by Derek4 on topic Re:UPPER TRIBUNAL
Hi Pauline
I trust you have applied to the First-tier Tribunal for a Statement of Reasons.
Having examined the SoR, if you feel that there is an error of law contained within it (may be worth seeking face-to-face advice if you need help), you can appeal to the UT. If the appeal is successful the new decision will be effective from the date of the DWP's adverse decision but may be superseded by the DWP's decision on your reapplication for ESA. As you are aware, you can also appeal the second decision.
There is nothing wrong with having concurrent appeals and there is no obvious reason why one should harm the other.
Regards
Derek
I trust you have applied to the First-tier Tribunal for a Statement of Reasons.
Having examined the SoR, if you feel that there is an error of law contained within it (may be worth seeking face-to-face advice if you need help), you can appeal to the UT. If the appeal is successful the new decision will be effective from the date of the DWP's adverse decision but may be superseded by the DWP's decision on your reapplication for ESA. As you are aware, you can also appeal the second decision.
There is nothing wrong with having concurrent appeals and there is no obvious reason why one should harm the other.
Regards
Derek
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris