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help needed to understand upper tribunal letter
- Lisa
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7 years 9 months ago #162671 by Lisa
Replied by Lisa on topic help needed to understand upper tribunal letter
Thankyou the upper tribunal judge wrote today saying that the decision of the FTT. Should be set aside due to a making an error of law and that the case is remitted for re hearing by a different FTT.
Does this mean the FTT. Will make a decision based on my entire claim against the original pip decision a year ago or will they only look at the claim made to the upper tribunal ...
Thankyou
Does this mean the FTT. Will make a decision based on my entire claim against the original pip decision a year ago or will they only look at the claim made to the upper tribunal ...
Thankyou
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- Lisa
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7 years 9 months ago #162672 by Lisa
Replied by Lisa on topic help needed to understand upper tribunal letter
Thankyou. We accepted 90 percent of the tribunals findings we questioned one point regarding high rate mobility will it only be this point in a new hearing or will we have to go and discuss the other 90 percent which was ok. The judge has basically wrote his reasons which we now can use at a new hearing basically telling us what to say
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- Gordon
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7 years 9 months ago #162686 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic help needed to understand upper tribunal letter
Lisa
It will be a full re-hearing of your claim with a direction from the UTT Judge on how to avoid the Error of Law.
You'll be given a further opportunity to submit more evidence or statements.
Gordon
It will be a full re-hearing of your claim with a direction from the UTT Judge on how to avoid the Error of Law.
You'll be given a further opportunity to submit more evidence or statements.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Derek4
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7 years 9 months ago #162698 by Derek4
Replied by Derek4 on topic help needed to understand upper tribunal letter
Hi Lisa,
The upper tribunal decision should state whether it's a full rehearing. In some cases the UT judge will limit the scope of the rehearing to one or more issues but usually it is a full rehearing of the case.
Good luck,
Derek
The upper tribunal decision should state whether it's a full rehearing. In some cases the UT judge will limit the scope of the rehearing to one or more issues but usually it is a full rehearing of the case.
Good luck,
Derek
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- Lisa
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7 years 9 months ago #162728 by Lisa
Replied by Lisa on topic help needed to understand upper tribunal letter
When we go back to ftt are we appealing 18months ago or are we querying the single point we raised with utt
Changed from DLA to pip
Pip took away all daily living to nothing
Kept low rate mobility same
Reconsideration turned down
We appealed.
Went to ftt
They found in our favour went to standard living component. And kept low rate mobility
We challenged decision on mobility only as we felt we should have got high rate mobility. We only challenged this one element we were ok with living component
Then we appealed to upper t t purely on the mobility element and the utt judge agreed that the ftt they had erred in law. The utt judge has requested that there be a re hearing with ftt ...
They have already back paid me and been on this rate for a year .....( as taken this long) going to ftt and winning ...what will we be appealing against at the ftt as they already have me on daily living which we original appealed to get to ftt which they found in favour.
Does this make sense .....
Changed from DLA to pip
Pip took away all daily living to nothing
Kept low rate mobility same
Reconsideration turned down
We appealed.
Went to ftt
They found in our favour went to standard living component. And kept low rate mobility
We challenged decision on mobility only as we felt we should have got high rate mobility. We only challenged this one element we were ok with living component
Then we appealed to upper t t purely on the mobility element and the utt judge agreed that the ftt they had erred in law. The utt judge has requested that there be a re hearing with ftt ...
They have already back paid me and been on this rate for a year .....( as taken this long) going to ftt and winning ...what will we be appealing against at the ftt as they already have me on daily living which we original appealed to get to ftt which they found in favour.
Does this make sense .....
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- Lisa
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7 years 9 months ago #162732 by Lisa
Replied by Lisa on topic help needed to understand upper tribunal letter
We actually won the ftt they found in favour they upheld our appeal and back dated it. It was only when the judge sent statement of reasons and it didn't make sense on one point so we challenged that and they were happy to do that which the utt agreed and agreed that had made error ...
So if we already won at the ftt surely we can't appeal against what we won originally surely just the bit we appealed at the utt which was one point .....
So if we already won at the ftt surely we can't appeal against what we won originally surely just the bit we appealed at the utt which was one point .....
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