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What The Upper Tribunal Judge said
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5 years 1 month ago - 5 years 1 month ago #228597 by mobbba
What The Upper Tribunal Judge said was created by mobbba
Gordon This is what the Judge said regarding my appeal to the Upper Tribunal:
The judges Determination:'' I give Mrs xxxx permission to appeal as I consider the grounds she advances, broadly speaking concerning the adequacy of the tribunals fact-finding and reasoning on (a) [removed] ability to grip, (b) her ability to engage socially, and (c) the relevance of the evidence underpinning her previous DLA award, have a realistic prospect of establishing the First-tier erred materially in law in the decision to which it came on 7th March 2018.
What will happen if I don't have access to my previous DLA award papers?
At the appeal I had a lot of medical evidence which was related to my DLA awards, but the panel were saying that at my age now (69) I can expect to have these things.
I can tell you Gordon I am absolutely worried. Are they allowed to say its my age when I have suffered for lot of years? its is worse now, but surely it is a progressive illness and my age is nothing to do with it. I am still in the same amount of pain and discomfort.
Could this be classed as ageism?
The fact I am going to be grilled on everything again is daunting. Are there any tips you can give me. I had all the evidence last time. They ignored the letters of two consultants, and took the word of the HCP assessor who did not even examine me but said I had good muscle tone. In her report she listed a full A4 sheet of things she examined me on. But never did any of them.
Sorry to go on but I am sure you can appreciate how bad this is for me.
Thank you
The judges Determination:'' I give Mrs xxxx permission to appeal as I consider the grounds she advances, broadly speaking concerning the adequacy of the tribunals fact-finding and reasoning on (a) [removed] ability to grip, (b) her ability to engage socially, and (c) the relevance of the evidence underpinning her previous DLA award, have a realistic prospect of establishing the First-tier erred materially in law in the decision to which it came on 7th March 2018.
What will happen if I don't have access to my previous DLA award papers?
At the appeal I had a lot of medical evidence which was related to my DLA awards, but the panel were saying that at my age now (69) I can expect to have these things.
I can tell you Gordon I am absolutely worried. Are they allowed to say its my age when I have suffered for lot of years? its is worse now, but surely it is a progressive illness and my age is nothing to do with it. I am still in the same amount of pain and discomfort.
Could this be classed as ageism?
The fact I am going to be grilled on everything again is daunting. Are there any tips you can give me. I had all the evidence last time. They ignored the letters of two consultants, and took the word of the HCP assessor who did not even examine me but said I had good muscle tone. In her report she listed a full A4 sheet of things she examined me on. But never did any of them.
Sorry to go on but I am sure you can appreciate how bad this is for me.
Thank you
Last edit: 5 years 1 month ago by Gordon.
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5 years 1 month ago #228621 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic What The Upper Tribunal Judge said
mobbba
Is this the appeal that you mentioned in your other post?
This is not a UTT appeal Decision, the letter is saying that your reasons for requesting an appeal to the UTT have merit and that your request will be passed to the UTT for a hearing to be held.
It is also not a re-hearing of your appeal, the UTT is solely concerned with the Decision from your original appeal being made in a proper and legal manner, although the UTT Judge has the authority to make a Decision on your claim, it is very unlikely that they will do so if the issues of your UTT appeal are to do with review of your evidence, the most likely result is that a new FTT Hearing will be ordered.
Gordon
Is this the appeal that you mentioned in your other post?
This is not a UTT appeal Decision, the letter is saying that your reasons for requesting an appeal to the UTT have merit and that your request will be passed to the UTT for a hearing to be held.
It is also not a re-hearing of your appeal, the UTT is solely concerned with the Decision from your original appeal being made in a proper and legal manner, although the UTT Judge has the authority to make a Decision on your claim, it is very unlikely that they will do so if the issues of your UTT appeal are to do with review of your evidence, the most likely result is that a new FTT Hearing will be ordered.
Gordon
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5 years 1 month ago #228677 by mobbba
Replied by mobbba on topic What The Upper Tribunal Judge said
The decision has been made and referred to a fresh tribunal panel and his point must be addressed.
Its on May 22nd.
Could you please answer the questions raised on my post please.
Thank you
Its on May 22nd.
Could you please answer the questions raised on my post please.
Thank you
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5 years 1 month ago #228687 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic What The Upper Tribunal Judge said
mobbba
To repeat what I said, this appears to be part of the determination by a District Judge that your appeal to the UTT had merit and should be heard. It is not part of the actual UTT Decision which would be a separate document. If that document contains a similar recommendation then it would be down to the DWP to produce the documentation from your previous DLA award, not you.
Gordon
To repeat what I said, this appears to be part of the determination by a District Judge that your appeal to the UTT had merit and should be heard. It is not part of the actual UTT Decision which would be a separate document. If that document contains a similar recommendation then it would be down to the DWP to produce the documentation from your previous DLA award, not you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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