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granted by upper tribuneral
- slugsta
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- bro58
Mrs Hurtyback wrote: bro, I think neal's representative requested that this be returned to the FTT, rather than letting the UTT make a decision. Neal is wondering why, and whether this was really the best course of action.
Missed that bit MHB !!

Thanks for the clarification.
If that is the case, only neal76's Rep could provide any form of definitive answer.
bro58
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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Mrs Hurtyback wrote: bro, I think neal's representative requested that this be returned to the FTT, rather than letting the UTT make a decision. Neal is wondering why, and whether this was really the best course of action.
UT's rarely substitute a FtT with their own decision. They normally send it back to a different FtT with guidance and or instructions on the error(s) they have made and how to correct that decision.
This was the practice with decisions made by a Tribunal in the past, and the Social Security Commissioner(s) sent it back for a differently constituted Tribunal to correct.
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
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- neal76
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- Gordon
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neal76 wrote: Good afternoon well after a difficult few weeks and after my home visit for ESA medical,the letter arrived ,I'm in the support group no mention of how long so some relief, for my first case of ESA which l was found fit for work ,l appealed but the judge ect refused to listen or take notice of GPS letter so it was refused,to cut the story short it went to the upper tribuneral,my case is to be re heard on 28 the may, if l don't win this case on 28th,how will the decision affect me know as I'm support group,the upper tribuneral judge pointed out a number of errors including error in law
Congratulations on the award.
This is a new Decision based on your limitations as they are now, the new Tribunal will be looking at your health as it was at the time of the Fit for Work Decision that you appealed.
The two are separate and even if this new Tribunal upholds the FfW Decision it will not effect your current award.
Gordon
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- neal76
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