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2nd Tribunal

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5 years 1 month ago #228326 by mobbba
2nd Tribunal was created by mobbba
After having DLA and LRC for a 15 years. I completed the form for transfer to PIP. I did not receive 1 point from my assessment or Mandatory consideration and also lost my appeal at the 1st tier tribunal, without getting a point. I am 69 years old.

I was refused permission to appeal, But I appealed to the Upper tribunal myself and won the right to go to another tribunal. The Judge at the Upper Tribunal said a number of things were missed and the panel did not take my evidence from 3 consultants into account and accepted the evidence from the assessor over a medical letter, plus other anomalies.

I am worried that when I go for my second tribunal, with a completely different panel,.That in some way i will be punished for complaining and appealing against the first decision.

Everyone said to me prior to the first tribunal that they were very nice people and looked sympathetically all all cases. I found that not to be true, my panel rushed, would not let me answer questions, put words into my mouth and made reference to my age being a factor in things wrong with me, even though I had suffered for many years

Has anyone had a second tribunal? and if so was it any different to the first. I feel I will be hauled over the coals. Any help would be appreciated.

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5 years 1 month ago #228343 by Gordon
Replied by Gordon on topic 2nd Tribunal
mobbba

You will not be penalised for your UTT appeal, doing so would almost certainly be another Error of Law.

That said, the new appeal will be convened in the same way as the first one with the exception of the UTT Judge's reasons for granting your UTT appeal.

Bad Tribunals do happen and this is often down to the panel, but the overwhelming feedback that we get on the forum is that the panels are fair but you should still expect robust questioning of your problems.

Best of luck

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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