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Appeal to UT after tribunal results
- Sidney
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1 month 2 weeks ago #295214 by Sidney
Appeal to UT after tribunal results was created by Sidney
My brother received his tribunal decision (55 weeks) and The gave him 4 points for descriptor 9c because of overwhelming psychological distress because of psychiatric illness but then refused it in mobility 1, which is a total contradiction, my draft to the UT thus far is as follows :
There was sufficient evidence as such that the Tribunal awarded 4 points for descriptor 9c (needs social support to engage with other people) due to the mental health issues that caused not only overwhelming physiological distress to Mr W but also caused him to act aggressively and violently on numerous occasions and hurt himself and others.
Therefore, the tribunal has contradicted itself and errored in law by not awarding Mr W any points for mobility activity descriptor 1 c-f.
They stated, “Although the tribunal accepted that on the majority of days in the required period, Mr W did not go out, it was not satisfied that this was on account of overwhelming psychological distress, which is a high threshold”.
The tribunal has failed to take fully into account the written evidence that documents Mr W's mental health problems that have caused him to act violently and that violent or aggressive behaviour causes him overwhelming physiological distress.
The tribunal has failed to consider that nobody could carry out an activity ‘safely’ if violent and aggressive behaviour was triggered by a psychiatric condition.
The tribunal has errored in law by not following previous precedents concerning such, mainly:
In the case of JT v SSWP [2020] UKUT 186 (AAC) Judge Rowland recognised that there was a vicious circle of avoiding with a similarly worded descriptor 9 - he was talking about overwhelming psychological distress preventing a person from engaging with others.
Para 32
"Distress that has the effect that a claimant cannot engage with other people, having regard to the factors mentioned in regulation 4(2A), must be regarded as being overwhelming..."
END.
I've written in today for a statement of reasons and recording of proceedings as nobody was present, but after I receive it what is the form I need to file/ process ? also if anyone has any decent case law or better ideas please do help.
warmest
There was sufficient evidence as such that the Tribunal awarded 4 points for descriptor 9c (needs social support to engage with other people) due to the mental health issues that caused not only overwhelming physiological distress to Mr W but also caused him to act aggressively and violently on numerous occasions and hurt himself and others.
Therefore, the tribunal has contradicted itself and errored in law by not awarding Mr W any points for mobility activity descriptor 1 c-f.
They stated, “Although the tribunal accepted that on the majority of days in the required period, Mr W did not go out, it was not satisfied that this was on account of overwhelming psychological distress, which is a high threshold”.
The tribunal has failed to take fully into account the written evidence that documents Mr W's mental health problems that have caused him to act violently and that violent or aggressive behaviour causes him overwhelming physiological distress.
The tribunal has failed to consider that nobody could carry out an activity ‘safely’ if violent and aggressive behaviour was triggered by a psychiatric condition.
The tribunal has errored in law by not following previous precedents concerning such, mainly:
In the case of JT v SSWP [2020] UKUT 186 (AAC) Judge Rowland recognised that there was a vicious circle of avoiding with a similarly worded descriptor 9 - he was talking about overwhelming psychological distress preventing a person from engaging with others.
Para 32
"Distress that has the effect that a claimant cannot engage with other people, having regard to the factors mentioned in regulation 4(2A), must be regarded as being overwhelming..."
END.
I've written in today for a statement of reasons and recording of proceedings as nobody was present, but after I receive it what is the form I need to file/ process ? also if anyone has any decent case law or better ideas please do help.
warmest
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- Gary
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1 month 2 weeks ago #295258 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Appeal to UT after tribunal results
Hi Sidney
I answered your post yesterday, which you were not happy with.
The Benefits and Work forum is provided as a courtesy for members to share results and ask questions about disability and work capability assessments in ESA, Universal Credit, PIP, DLA and Attendance Allowance.
If your question is not about the above topic our volunteer forum moderators may not be able to reply to it. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies in your area advicelocal.uk or lawcentres.org
Gary
I answered your post yesterday, which you were not happy with.
The Benefits and Work forum is provided as a courtesy for members to share results and ask questions about disability and work capability assessments in ESA, Universal Credit, PIP, DLA and Attendance Allowance.
If your question is not about the above topic our volunteer forum moderators may not be able to reply to it. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies in your area advicelocal.uk or lawcentres.org
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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