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10 years 2 months ago - 10 years 2 months ago #117687 by slugsta
Replied by slugsta on topic granted by upper tribuneral
bro, I think neal's representative requested that this be returned to the FTT, rather than letting the UTT make a decision. Neal is wondering why, and whether this was really the best course of action.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 2 months ago by bro58.

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  • bro58
10 years 2 months ago - 10 years 2 months ago #117688 by bro58
Replied by bro58 on topic granted by upper tribuneral

Mrs Hurtyback wrote: bro, I think neal's representative requested that this be returned to the FTT, rather than letting the UTT make a decision. Neal is wondering why, and whether this was really the best course of action.


Missed that bit MHB !! :)

Thanks for the clarification.

If that is the case, only neal76's Rep could provide any form of definitive answer.

bro58
Last edit: 10 years 2 months ago by bro58.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 2 months ago - 10 years 2 months ago #117692 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic granted by upper tribuneral

Mrs Hurtyback wrote: bro, I think neal's representative requested that this be returned to the FTT, rather than letting the UTT make a decision. Neal is wondering why, and whether this was really the best course of action.


UT's rarely substitute a FtT with their own decision. They normally send it back to a different FtT with guidance and or instructions on the error(s) they have made and how to correct that decision.

This was the practice with decisions made by a Tribunal in the past, and the Social Security Commissioner(s) sent it back for a differently constituted Tribunal to correct.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 2 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Corrected typos.

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  • neal76
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9 years 11 months ago - 9 years 11 months ago #121078 by neal76
Replied by neal76 on topic granted by upper tribuneral
Good afternoon well after a difficult few weeks and after my home visit for ESA medical,the letter arrived ,I'm in the support group no mention of how long so some relief, for my first case of ESA which l was found fit for work ,l appealed but the judge ect refused to listen or take notice of GPS letter so it was refused,to cut the story short it went to the upper tribuneral,my case is to be re heard on 28 the may, if l don't win this case on 28th,how will the decision affect me know as I'm support group,the upper tribuneral judge pointed out a number of errors including error in law
Last edit: 9 years 11 months ago by Gordon.

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9 years 11 months ago #121086 by Gordon
Replied by Gordon on topic granted by upper tribuneral

neal76 wrote: Good afternoon well after a difficult few weeks and after my home visit for ESA medical,the letter arrived ,I'm in the support group no mention of how long so some relief, for my first case of ESA which l was found fit for work ,l appealed but the judge ect refused to listen or take notice of GPS letter so it was refused,to cut the story short it went to the upper tribuneral,my case is to be re heard on 28 the may, if l don't win this case on 28th,how will the decision affect me know as I'm support group,the upper tribuneral judge pointed out a number of errors including error in law


Congratulations on the award.

This is a new Decision based on your limitations as they are now, the new Tribunal will be looking at your health as it was at the time of the Fit for Work Decision that you appealed.

The two are separate and even if this new Tribunal upholds the FfW Decision it will not effect your current award.

Gordon

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  • neal76
  • Topic Author
9 years 11 months ago #121096 by neal76
Replied by neal76 on topic granted by upper tribuneral
thank you Gordan for your prompt reply,l have read up on passed posts,but your brain gets fogged with the stress of ESA,,my home visit went well and l have found a new face to face adviser ,who attended my home for medical,the Dr for atos was pleasant he ended my medical early as I'm sure he could see l was in pain and distress,but as my adviser spoke to him about reg 35 and reg 29',amazingly he said what are they,my adviser explained what the regs are,l was surprised as l have read up what they are,just shows a good adviser is a must,l have been advised to attend the pending court appeal even tho it fills me with fear,but my adviser will be with me,good luck to everyone who are in the ESA system x

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