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'Application for permission to appeal to the Upper
- Innovate
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8 years 6 months ago #179068 by Innovate
'Application for permission to appeal to the Upper was created by Innovate
Hello,
I am a support worker enabling someone with major mental health barriers appeal her ESA Tribunal outcome to the Upper Tribunal regarding a point of law. Has anyone gone through this process, or is able to advise me on how to proceed. I have just submitted a request to appeal to the Chair of our local Tribunal court. However I am finding it hard to get understandable info. I know what we want to appeal, have the evidences etc., but read on line that legal aid may be available, but then it may not.
Any help or signposting would be greatly appreciated.
Thank you
Lesley
I am a support worker enabling someone with major mental health barriers appeal her ESA Tribunal outcome to the Upper Tribunal regarding a point of law. Has anyone gone through this process, or is able to advise me on how to proceed. I have just submitted a request to appeal to the Chair of our local Tribunal court. However I am finding it hard to get understandable info. I know what we want to appeal, have the evidences etc., but read on line that legal aid may be available, but then it may not.
Any help or signposting would be greatly appreciated.
Thank you
Lesley
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- Gordon
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8 years 6 months ago #179092 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 'Application for permission to appeal to the Upper
Innovate
Have you request and received the Statement of Reasons from the Judge of the hearing?
Tribunals – Requesting a Statement of Reasons
You cannot make an appeal to the UTT on the basis that the Decision was wrong but rather because there was an Error or Law in the making of the Decision
What is an Error of Law?
Legal Aid is available for appeals to the Upper Tribunal, however, this is means tested and your client may not qualify, even if they do then you may still struggle to find a qualified advisor, cutbacks in general have meant that many have now left the field.
Try an internet search for "welfare advice" with the clients postcode, town or county.
Gordon
Have you request and received the Statement of Reasons from the Judge of the hearing?
Tribunals – Requesting a Statement of Reasons
You cannot make an appeal to the UTT on the basis that the Decision was wrong but rather because there was an Error or Law in the making of the Decision
What is an Error of Law?
Legal Aid is available for appeals to the Upper Tribunal, however, this is means tested and your client may not qualify, even if they do then you may still struggle to find a qualified advisor, cutbacks in general have meant that many have now left the field.
Try an internet search for "welfare advice" with the clients postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Innovate
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