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Upper tribunal appeal

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10 years 2 months ago - 10 years 2 months ago #117799 by Astrid03
Upper tribunal appeal was created by Astrid03
I'm at the stage where I've been turned down by the lower tribunal for my claim renewal, and have been given permission to appeal to the upper tribunal. I've just got the statement from the Secretary of State - which calls for my appeal to be dismissed - and am due to write my response to it; then everything will go to the upper tribunal.

I wondered if there are any guides on here for this stage? I couldn't see anything but maybe I'm missing it. I've given them medical proof of my conditions and have the support of 3 doctors, but they're still saying that 'although I've given proof of the condition itself, I have not given proof of how it affects me'. Can anyone please tell me how I'm meant to respond to this? I have M.E. and mental health problems, which are difficult to prove, but aside from the back up of doctors who have known me for years I also have relevant test results from a laboratory - these show my Mitochondrial Function is poor and my Adrenal Function is awful; the fatigue specialist said it's one of the worst adrenal functions she's ever seen. You can't have that and not have severe symptoms but the tribunals refused to admit this. I don't know what else I can do. This has been going on for over a year and has made me ill with stress. Any help would be much appreciated.
Last edit: 10 years 2 months ago by Gordon.

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10 years 2 months ago #117802 by Gordon
Replied by Gordon on topic Upper tribunal appeal
Astrid03

I am afraid that we are not in a position to offer detailed advice in regard to an appeal to the Upper Tribunal, the following fact sheet has some information on the process, but you really need to get face to face advice from an advisor with experience in this area.

www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision

What I can tell you is that an appeal to the UTT does not offer a claimant another opportunity to present their evidence, so this is not a case of providing proof on how your conditions affect you.

An appeal to the UTT can only be made on the basis that there has been an Error of Law in the original proceedings.

What is an Error of Law?

Gordon

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

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10 years 2 months ago - 10 years 2 months ago #117803 by Astrid03
Replied by Astrid03 on topic Upper tribunal appeal
That's disappointing, I joined the site again to get advice on it :(
Last edit: 10 years 2 months ago by Gordon.

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10 years 2 months ago - 10 years 2 months ago #117804 by Astrid03
Replied by Astrid03 on topic Upper tribunal appeal
I did have a 'rep' before, when I was appealing to the LTT, but she was pretty useless.
Last edit: 10 years 2 months ago by Gordon.

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10 years 2 months ago #117805 by Gordon
Replied by Gordon on topic Upper tribunal appeal

Astrid03 wrote: That's disappointing, I joined the site again to get advice on it :(


If you joined the site specifically for this type of information then contact the site owner, they may be prepared to offer a refund.

This email address is being protected from spambots. You need JavaScript enabled to view it.

The reason we cannot provide assistance is that we would need access to all of the papers involved in your claim, this is simply not practical in the context of the forum.

Gordon

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

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10 years 2 months ago #117806 by Gordon
Replied by Gordon on topic Upper tribunal appeal

Astrid03 wrote: I did have a 'rep' before, when I was appealing to the LTT, but she was pretty useless.


Many Representatives have no experience in appealing to the Upper Tribunal you need advice from one who has. Do an internet search for "welfare advice" with your postcode, town or county.

Gordon

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