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How to complain about my MR? As I believe my evidence was not looked at.

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2 years 2 months ago #274747 by Gary
Hi prefer not to say

You may want to ask the Tribunal for a Written Statement of Reasons (WSOR) also ask for a transcript of the recording that should have been made during the hearing.

If you can find at least one arguable material error of law, then you have a month from date when WSOR was sent out to submit this to the tribunal. A late submission can be done, but you would have to argue good cause. This will be more difficult the longer the delay. Ultimate time is 13 months from the date of the letter containing the WSOR.

Write your arguments as succinctly as you can, and explain the error and why it is material. There is no set format. However you need to write in asking for the First Tier tribunal decision 'to be set side and or for leave to be given to appeal to the Upper Tribunal. '

There is a 2 stage process. Initially the Regional Judge will consider the request. He can agree that there is a material error of law and hence agree to set aside the decision and will organise a new hearing.

Sometimes the Regional judge thinks there is an arguable error of law, but it's a complicated point, or perhaps something that has national importance, then he will allow the set aside but refer to UT for the appeal to be decided.

Maybe the RJ thinks no errors were made. He will then refuse to set aside. In this instance you can make a direct appeal to the UT .

At UT, again the case is normally Initially considered by the duty judge and then if there is an arguable material error of law the case will go before the UT for final decision.

You may want to seek advice from your local Welfare Rights organisation if you decide to go down this route, remember time limits.

Gary

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

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