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Appealing a tribunal decision
- thewhitewolf
- Topic Author
11 years 11 months ago - 11 years 11 months ago #85811 by thewhitewolf
Appealing a tribunal decision was created by thewhitewolf
I successfully appealed against the decision making and was put onto the WRAG but I appealed because I believe that I should be in the support group. I put in an appeal to this decision and received reasons why the decision had been made but in my opinion they did not take my correct mobility and mental problems into consideration. The paperwork said that they only hear the appeal based on when I had the assessment and any further evidence of tests or counselling etc would not be considered as it took place after the assessment. I can only appeal if I can find something wrong in law. How can I do this and if it is just that I have further evidence do I have to have another assessment to appeal against???
Last edit: 11 years 11 months ago by slugsta.
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- slugsta
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11 years 11 months ago #85813 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:Appealing a tribunal decision
Hi tww,
As you say, you will only be able to appeal an error of law. This is a complicated area for which you need specialist advice.
Where to get advice
You will need the tribunal's Statement of Reasons as a first step
Tribunals – Requesting a Statement of reasons
As you say, you will only be able to appeal an error of law. This is a complicated area for which you need specialist advice.
Where to get advice
You will need the tribunal's Statement of Reasons as a first step
Tribunals – Requesting a Statement of reasons
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- pete17971
11 years 11 months ago - 11 years 11 months ago #85814 by pete17971
Replied by pete17971 on topic Re:Appealing a tribunal decision
thewhitewolf wrote:
The tribunal panel are correct in only accepting evidence which was contemporary at the time of the initial assessment/decision only.
Anything, such as a deterioration which may have occurred after this time cannot be taken into account.
if you have received the Statement of Reasons from the tribunal panel, you would need to go through it in depth with an expert welfare rights adviser in order to check whether or not any errors of law have taken place.
To see what maybe an error in law see:
What is an Error of Law?
To obtain face to face help see:
Where to get advice?
Where to get help
Pete
I successfully appealed against the decision making and was put onto the WRAG but I appealed because I believe that I should be in the support group. I put in an appeal to this decision and received reasons why the decision had been made but in my opinion they did not take my correct mobility and mental problems into consideration. The paperwork said that they only hear the appeal based on when I had the assessment and any further evidence of tests or counselling etc would not be considered as it took place after the assessment. I can only appeal if I can find something wrong in law. How can I do this and if it is just that I have further evidence do I have to have another assessment to appeal against???
The tribunal panel are correct in only accepting evidence which was contemporary at the time of the initial assessment/decision only.
Anything, such as a deterioration which may have occurred after this time cannot be taken into account.
if you have received the Statement of Reasons from the tribunal panel, you would need to go through it in depth with an expert welfare rights adviser in order to check whether or not any errors of law have taken place.
To see what maybe an error in law see:
What is an Error of Law?
To obtain face to face help see:
Where to get advice?
Where to get help
Pete
Last edit: 11 years 11 months ago by pete17971.
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- RobJean
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11 years 11 months ago - 11 years 11 months ago #85840 by RobJean
1. So, if say, after your decision date, a letter you provide of a medical you had at your local hospital 7 days after the date of the dicision cannot be used at a tribunal?
2. What does 'at the time of the decision actually mean?
Does it mean on the day of, or just days before? and if so, how far back?
anyone?
Replied by RobJean on topic Re:Appealing a tribunal decision
The tribunal panel are correct in only accepting evidence which was contemporary at the time of the initial assessment/decision only.
1. So, if say, after your decision date, a letter you provide of a medical you had at your local hospital 7 days after the date of the dicision cannot be used at a tribunal?
2. What does 'at the time of the decision actually mean?
Does it mean on the day of, or just days before? and if so, how far back?
anyone?
Last edit: 11 years 11 months ago by Crazydiamond. Reason: Quote formatted.
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- Gordon
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11 years 11 months ago #85851 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Appealing a tribunal decision
RobJean
The Tribunal can only review evidence that pertains to the date of the Decision being appealed.
This does not mean that evidence collected after this date cannot be used, but it must be clear in that evidence that the statements being made, would also apply on and before the Decision date.
Even then it can be a grey area. If the medical report concerns a condition, and more importantly symptons that you discussed on your claim form, then you could argue that it is reasonable for it to have been included, however, if the symptons were not discussed in the claim, even if you were suffering from them, then they may not be admissable.
You might want to have a look at the following FAQs
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
I hope this explains it.
Gordon
The Tribunal can only review evidence that pertains to the date of the Decision being appealed.
This does not mean that evidence collected after this date cannot be used, but it must be clear in that evidence that the statements being made, would also apply on and before the Decision date.
Even then it can be a grey area. If the medical report concerns a condition, and more importantly symptons that you discussed on your claim form, then you could argue that it is reasonable for it to have been included, however, if the symptons were not discussed in the claim, even if you were suffering from them, then they may not be admissable.
You might want to have a look at the following FAQs
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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