IB Appeal Upper Tribunal

After failing an IB Tribunal I got the Statement of reasons in the post yesterday.

I thought 2 possible reasons to appeal was that my Law Centre representative did not attend the Appeal with me, so I had 2 days to try and work out what to say. And only submitted 6 of 23 pages of info, at the Appeal as did not want to 'swamp' them with info.
Secondly though I had a previouse IB won on Appeal, those papers were not included in the Tribunal papers.

One 'Medical point' I note is that the Chairman confirms one reason, in agreeing with the finding of the Atos Doctor..that I have 6/6 Vision..which is a Medical impossibility.

Any ideas just what exactly I am looking for to Appeal to the Upper Tribunal??

- Living

Living wrote:

After failing an IB Tribunal I got the Statement of reasons in the post yesterday.

I thought 2 possible reasons to appeal was that my Law Centre representative did not attend the Appeal with me, so I had 2 days to try and work out what to say. And only submitted 6 of 23 pages of info, at the Appeal as did not want to 'swamp' them with info.
Secondly though I had a previouse IB won on Appeal, those papers were not included in the Tribunal papers.

One 'Medical point' I note is that the Chairman confirms one reason, in agreeing with the finding of the Atos Doctor..that I have 6/6 Vision..which is a Medical impossibility.

Any ideas just what exactly I am looking for to Appeal to the Upper Tribunal??

- Living

Without having sight of your case papers it is impossible to answer your question, but in general you can only appeal on a point of law to the UT.

Points of law include:-

(1) The decision is wrong in law.

The FTT applied the wrong law or applied it in the wrong way. This can include using the wrong legislation, misunderstanding the legislation or misunderstanding or overlooking relevant case law.

(2) The FTT failed to make proper factual findings.

To make a decision, the FTT must decide what the facts of the case are. The FTT must establish all of the facts necessary to make the decision and not take into account irrelevant facts.

(3) The FTT’s reasons are inadequate.

The FTT must explain its decision correctly. It must explain how the evidence before it established the facts. It must explain why the facts made it apply the law in the way it did to come to its conclusion.

(4) The decision is not supported by the evidence.

The FTT ignored or overlooked evidence, misinterpreted evidence, took into account irrelevant evidence or made a decision that does follow logically from the evidence.

(5) The decision is perverse.

The FTT acted irrationally - no reasonable FTT given the relevant law, the evidence before it and the facts found by it could have come to the decision that it did.

(6) The FTT breached natural justice.

A breach of natural justice is a failure to follow the procedural rules under which FTTs must operate; for instance failing to give all parties 14 days’ notice of an oral appeal hearing. Breaches can include apparent bias, not allowing a party to speak or not informing the parties that it intends to take into account a matter not addressed in the appeal papers or during the hearing.

After my unsuccessfull appeal, I got a letter from my Law Centre saying as I had lost, they were closing my file and best I sign on for JSA.

I handed in a copy of the Tribunals Statement to them and basicaly they have replied by saying clear of..do it yourself...tooooo much trouble...this is the Law Centre that on the day of my Tribunal, my ' Advice Worker' was in the Office but did not attend the Tribunal as my representative !.

I know the Tribunal was wrong..example.

Born Hereditory Cateract, 3 O'ps in late 70's, detached retina right eye 90's, Glucoma 2007 some field loss. Atos Nurse said 6/6 Vision = perfect - thats without correction ( glassess or lenses)...Tribunal Chair...repeats this as ' fact'..which is a Medical impossibility and one point in my showing the Atos Report was very untruthfull.
GRRRRRRR

Oh Guess what... Medical condition / symptoms recorded by me re IB Claim and Appeal.....culminated Feb just gone in a Heart Attack !!!! Can I sue !!

- Living

Hi living, I think if i were you i would ask the Law Centre for a copy of their complaints procedure, And make a formal complaint. Good Luck