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Pip upper tribunal oral or written?
- carl30
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9 years 11 months ago #134759 by carl30
Pip upper tribunal oral or written? was created by carl30
The daily living component of my award went from 0 points to 3 points at tribunal. On the positive side, They acknowledged some problems.
after contacting alot of solicitors it appear they cant get legal aid to represent at the hearing. It appears however that they can get legal aid for offering advice. The question then becomes how likely is it that an upper tribunal will want an oral hearing? In no oral hearing, then no problem with them attending.
Im awaiting my statement of reasons before making my final decision on the upper tribunal appeal.
after contacting alot of solicitors it appear they cant get legal aid to represent at the hearing. It appears however that they can get legal aid for offering advice. The question then becomes how likely is it that an upper tribunal will want an oral hearing? In no oral hearing, then no problem with them attending.
Im awaiting my statement of reasons before making my final decision on the upper tribunal appeal.
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- Gordon
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9 years 11 months ago #134766 by Gordon
I'm sorry to hear that your appeal was unsuccessful.
Legal Aid is available for appeals to the Upper Tribunal, but only when leave to appeal has been granted.
I would be cautious of using a solicitor in an appeal to the UTT unless they can show a proven record of previous appeals. Benefit law is a specialist area that many solicitors have no or limited knowledge of.
You can only appeal to the UTT on the basis of an Error of Law, not because you disagree with the result. See
What is an Error of Law?
and the following fact sheet
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip upper tribunal oral or written?
carl wrote: The daily living component of my award went from 0 points to 3 points at tribunal. On the positive side, They acknowledged some problems.
after contacting alot of solicitors it appear they cant get legal aid to represent at the hearing. It appears however that they can get legal aid for offering advice. The question then becomes how likely is it that an upper tribunal will want an oral hearing? In no oral hearing, then no problem with them attending.
Im awaiting my statement of reasons before making my final decision on the upper tribunal appeal.
I'm sorry to hear that your appeal was unsuccessful.
Legal Aid is available for appeals to the Upper Tribunal, but only when leave to appeal has been granted.
I would be cautious of using a solicitor in an appeal to the UTT unless they can show a proven record of previous appeals. Benefit law is a specialist area that many solicitors have no or limited knowledge of.
You can only appeal to the UTT on the basis of an Error of Law, not because you disagree with the result. See
What is an Error of Law?
and the following fact sheet
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- cdcdi1911
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9 years 11 months ago #134782 by cdcdi1911
Replied by cdcdi1911 on topic Pip upper tribunal oral or written?
Hi Carl
Oral hearings at the Upper Tribunal are extremely rare, because they only deal with points of law regarding the First-tier tribunal's decision, and these can usually be dealt with from the appeal papers.
When applying to the Upper Tribunal to appeal (after receiving your statement of reasons and applying to the FTT for permission to appeal), the application form asks if you wish to have an oral hearing and also asks what reason you have for requesting an oral hearing. Unless you request an oral hearing the case will usually be dealt with on the papers.
Good luck
Derek
Oral hearings at the Upper Tribunal are extremely rare, because they only deal with points of law regarding the First-tier tribunal's decision, and these can usually be dealt with from the appeal papers.
When applying to the Upper Tribunal to appeal (after receiving your statement of reasons and applying to the FTT for permission to appeal), the application form asks if you wish to have an oral hearing and also asks what reason you have for requesting an oral hearing. Unless you request an oral hearing the case will usually be dealt with on the papers.
Good luck
Derek
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- carl30
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9 years 11 months ago #134788 by carl30
Replied by carl30 on topic Pip upper tribunal oral or written?
Ive got someone from law centre willing to take my case. They say they have the contract for the entire midlands area so presumably have dealt with a few cases. They cant do anything yet though without the statement of reasons.
Ive requested the statement of reasons and will await this arriving in the post.
Ive requested the statement of reasons and will await this arriving in the post.
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