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Appealed as far as I can, now given up and fed up!
- aquila ann
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10 years 6 months ago #126510 by aquila ann
Appealed as far as I can, now given up and fed up! was created by aquila ann
I got awarded 15 pts from none and moved into WRAG on appeal to FTT. (having been on incapacity benefit for many years) As I won't get income related ESA I appealed this decision to try to get put in Support Group. I had GP's evidence, and a well put together submission with several valid points. I appealed to the UT - who initially said there was an arguable case so agreed to look at it. The Sec of State even agreed it should be looked at again. But the UT judge then said the FTT had come to a correct decision and dismissed my appeal. I have asked for permission to appeal to Court of Appeal - but permission turned down - by same judge who said FTT were correct. To go further now costs money and the risk of costs being awarded against me if I lose. I have very reluctantly given up but feel that the system was very unjust - the Tribunal picked up on anything I can do and ignored all of the things I can't do. In the end we were arguing over moving 1 litre and 0.5 litres and my GP's evidence supported me being unable to move the smaller amount. For the first time in my life I feel the justice system let me down. I had a very good case but my appeal still not allowed. Anyone taken a case any further with results??
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- Gordon
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10 years 6 months ago #126515 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appealed as far as I can, now given up and fed up!
Ann
Appeals to the Upper Tier Tribunal and further can only be done on the basis that an Error of Law occurred in the original hearing, not on the details of whether you qualify for the SG or not.
What is an Error of Law?
Taking it further to the Court of Appeal requires legal representation and whilst you may qualify for Legal Aid you may also struggle to find suitable representation, I do not know of anyone in the forum that has pursued their case beyond the UTT.
As an alternative option, if you can show that there has been a deterioration in your condition since the Decision to place you in the WRAG was made, then you can request that your claim is re-assessed. If successful then your ESA(CB) should be re-instated from the date you notify the DWP of the request, just write to the DWP office that deals with your ESA to make the reques.
Gordon
Appeals to the Upper Tier Tribunal and further can only be done on the basis that an Error of Law occurred in the original hearing, not on the details of whether you qualify for the SG or not.
What is an Error of Law?
Taking it further to the Court of Appeal requires legal representation and whilst you may qualify for Legal Aid you may also struggle to find suitable representation, I do not know of anyone in the forum that has pursued their case beyond the UTT.
As an alternative option, if you can show that there has been a deterioration in your condition since the Decision to place you in the WRAG was made, then you can request that your claim is re-assessed. If successful then your ESA(CB) should be re-instated from the date you notify the DWP of the request, just write to the DWP office that deals with your ESA to make the reques.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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