Error In Law

Sorry if this is already on the board somewhere but I can't find it!! I have received the written reasons from the tribunal who refused my DLA claim but I am not sure what I should be looking for. One of the things I will need to do is write again and ask for a typed copy of the notes as I cannot read them which will give me a little more time-any help or pointers as to what sort of thing constitutes an error in law or where I can find this info would be appreciated.

fibrofog wrote:

Sorry if this is already on the board somewhere but I can't find it!! I have received the written reasons from the tribunal who refused my DLA claim but I am not sure what I should be looking for. One of the things I will need to do is write again and ask for a typed copy of the notes as I cannot read them which will give me a little more time-any help or pointers as to what sort of thing constitutes an error in law or where I can find this info would be appreciated.

Hi,

Unless you know where an error in law has occurred, it is almost impossible to be able to tell whether an error of law has occurred without knowing the law relating to DLA.

As such, you should really go through you claim face to face with a welfare rights adviser/CAB etc who can go through every single point in depth and cross reference it with your application form, any medical documents etc and against the DLA regulations and relevant case law.

It is such a minefield that it is potentially the only way any error in law would be identified.

Pete

Thanks Pete thought that might be the case, will look into it and see what I can come up with.

Hi Fibrofog

As Pete suggested, unless you have good knowledge of benefit law it is essential that you get face-to-face advice before considering appeals to the Upper Tribunal.

But to give you a layman's guide of what's considered an error of law, see Jim's post below.

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=48981#48997

Regards

Derek

Also ..examples of commonly encountered errors of law in terms that can apply equally to appellate legal tribunals. As set out at paragraph 30 of R(I) 2/06 these are:

“(i) making perverse or irrational findings on a matter or matters that were material to the outcome (‘material matters’);
(ii) failing to give reasons or any adequate reasons for findings on material matters;
(iii) failing to take into account and/or resolve conflicts of fact or opinion on material matters;
(iv) giving weight to immaterial matters;
(v) making a material misdirection of law on any material matter;
(vi) committing or permitting a procedural or other irregularity capable of making a material difference to the outcome or the fairness of proceedings; …

Each of these grounds for detecting any error of law contains the word ‘material’ (or ‘immaterial’). Errors of law of which it can be said that they would have made no difference to the outcome do not matter.”

An old N.I. Guide from www.dsdni.gov.uk/presidents_report.pdf table 3 gives reasons for incorrectly made decisions...

Well I have been looking into previous decisions both reported and unreported and think I have a right to appeal on an error of law. It has taken a while due to my condition but ready now to put it in writing-got a week so not too bad!!!
Also going to mention the first question I was asked was "do you recognise any of the panel" which although I didn't (the hint is in the username!!) I knew at least one of them had sat on a panel before. It kind of threw me a bit as it was niggling all through my tribunal. Turns out it was the disability member, although why they couldn't have just said it I don't know.
Used the Disability Alliance website to check out previous decisions, found it to be very useful. I will now write to the 1st Tier Tribunal to ask permission to appeal to the upper tribunal, if they refuse I will do it anyway. Will update here on what happens next.