DLA Upper Tribunal advice needed please

kayla99 wrote: Thank you for your response, the final paragraph of the Secretary of state's Submission reads . . .

"i therefore request that the judge set aside the First Tier Tribunal's decision and remit the case for rehearing by a freshly constituted Tribunal with appropriate directions for its determination"

The form enclosed asks us to state whether we want an oral or paper hearing, I shall request an oral hearing then.

Thank you

Hi k99,

Therefore, as Jim advised, it has been sent back to The FTT with directions.

Hence the offer of an oral hearing.

bro58

With respect I think you've misunderstood the Sec of State's submission.

Thank you for your response, the final paragraph of the Secretary of state's Submission reads . . .

"i therefore request that the judge set aside the First Tier Tribunal's decision and remit the case for rehearing by a freshly constituted Tribunal with appropriate directions for its determination"

What the Sec of State has submitted is that the Upper Tribunal Judge sets aside the First-tier Tribunal's Decision and sends it it back to another First-tier Tribunal with appropriate directions for it to determine that the same error(s) of law are not repeated.

So your Appeal to the Upper Tribunal will not be heard by them orally, but orally by another FTT.

Hope this explains things. If not feel free to post again.

Hi Jim

I have re read, it is a shame I can't show you the form

Our options are . . .

allowing the UTT to make a decision with or without reasons which could include setting aside the FTT decision and the option of an oral hearing before the UTT

Does that make more sense?

sorry for the confusion

kayla99 wrote: Hi Jim

I have re read, it is a shame I can't show you the form

Our options are . . .

allowing the UTT to make a decision with or without reasons which could include setting aside the FTT decision and the option of an oral hearing before the UTT

Does that make more sense?

sorry for the confusion

Hi k99,

Jim is no longer on-line, however, I think that we are all in agreement that whether it is The FTT or The UTT, an oral hearing is the best option, if at all possible.

bro58

Hi Jim

I have re read, it is a shame I can't show you the form

Our options are . . .

allowing the UTT to make a decision with or without reasons which could include setting aside the FTT decision and the option of an oral hearing before the UTT

Does that make more sense?

sorry for the confusion

My apologies, I have completely misunderstood your original post. As other moderators have said, if an oral hearing has been offered by the Upper Tribunal then my advice would be to opt for that.

Again my apologies for my misunderstanding of the options offered to you.

Good luck.

Jim