Pip Tribunal

Hi Ragnar,
If I understand you correctly, your tribunal was on 5th April and you wish to appeal? You had had a previous offer from DWP, which you declined thinking this was too low. However the tribunal agreed and made the same award? You don't believe that hearing went too well, not helped by having a representative who didn't really understand your case or present it correctly?
If what I have said is correct, what you need to do is to apply for a Written Statement of Reasons within the month. You are simply requesting WSOR at this stage so its just one sentence in a letter! (If you have a good reason you can apply late up to 13 months after the date on the decision letter. The later you apply the better the reason!) Please note if you were given the decision on the same day as the hearing the 1 month will be to from 5th April to 5th May. If the decision was posted out, say on 9th April, then the 1 month ends on 9th May. Whilst service of legal documents is supposed to be done by 5pm, but if the day is non working or Bank Holiday you get an extension automatically to the direct normal work day. If you send an email, you will get an automatic reply. I doubt very much you will have a problem as long as send your in your request for WSOR/ROP before midnight on the due day. However as with all things try and adhere to the time limit as this is easier than needing to rely on a reason for being late, even if the reason is very good!
You need to ask for the WSOR in writing, but this can be done via email which means you could do this quite easily. There should be an email address on the top of your tribunal letters or you could phone HMCTS for the address if you can't find it. All you need to do is to provide your name, NI number and tribunal reference number and hearing date. Ask for the WSOR and also ask for the Record of Proceedings. If you had a phone hearing it is likely the ROP could be a CD recording but it may also comprise written notes of all the evidence said at the hearing.
The WSOR normally takes several weeks to arrive. The is the full reasons thst should explain the decision. It should summarise the important facts and conclusions drawn. If there are inconsistencies these need to be explained.
The evidence relied upon should tally with evidence in the papers or via what's said at the hearing by you or others.
In order to make a subsequent appeal to the Upper Tribunal you will need to find an error of law. Things to look out for include relying on incorrect evidence.(Tribunal say that you denied having incontinence issues, when you actually said you did.) In these scenarios, you can go through the ROP to match evidence and what the tribunal based its decision on. Other possibilities are incorrect application of the law, applying the wrong test. Failing to make proper enquiries to establish the facts could comprise an error of law. If you disagreed with the legal arguments made by your representative and they were made in such a way that you didn't feel you had a fair trial this may also be sufficient to argue an error of law. All of these topics are explored further in the members guides.
If you feel that an error of law has occurred you have a month to write in an explain this. Ask for the first tier decision to be set aside and/or leave to appeal to the Upper Tribunal to be granted. The error of law has to be a material one. So, if you believe the tribunal should have awarded 3 points for a descriptor instead of 2, unless this means taking you onto a different level of award, you will not be allowed to appeal, because it makes no difference.

The Regional Judge will consider the arguments you make and can set aside the decision himself or refer the case to Upper Tribunal. Even if the RJudge refuses you can still apply to UT yourself if you wish.
If the case is set aside there will be a fresh hearing. Basically it's like the original hearing never took place. You will have all different tribunal people. The UT can also decide to set up a new first tier hearing or on occasions the UT can make its own decision there and then.
I hope thishelps.
LL26

Hi Ragnar

I find the best way to write a post is to write it in word first if you use Microsoft or in notes if you use Apple. Once you have finished your post copy and paste it on to the forum.

It can be frustrating if you get timed out before you finish what you are typing.

Gary