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What do we risk accepting a 2nd tribunal for PIP?
- Fiona
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2 years 11 months ago #259217 by Fiona
Replied by Fiona on topic What do we risk accepting a 2nd tribunal for PIP?
Dear LL26
With regard to my previous post,
Is it Rule RULE 37?
.—(1) The Tribunal may set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision, or the relevant part of it
With regard to my previous post,
Is it Rule RULE 37?
.—(1) The Tribunal may set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision, or the relevant part of it
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- LL26
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2 years 11 months ago - 2 years 11 months ago #259227 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic What do we risk accepting a 2nd tribunal for PIP?
Hi Fiona
Thank you for your follow up post.
From what you say, it seems that the whole decision has been set aside. This is quite common. The set aside has been made by a District Judge who is with the First Tier Tribunal. Yes, rule 37. (Basically, if you appeal there is a review at FTT, this is what seems to have happened. ) So the original FTT decision has been annulled, and at present you will revert to the original DWP decision.
Clearly there is sufficient evidence to award mobility. The mobility award from the original tribunal has been cancelled as part of the set aside. I think the way forward is to keep with the new tribunal hearing, and explain to the panel either via letter now, or at the hearing. You need to ask that the previous mobility points are re-awarded, and explain why. Then explain all the other points you should get. (You can refer to a previous submission, or letter you have sent in, if this helps.) Send in the letter, and attend the hearing, or phone link etc. At the beginning of the hearing ask the judge if he has received your letter. You could explain that you are concerned about the mobility award, about this having been set aside. This will generate one of two likely answers.
1. Judge will say no decision, wait until end of hearing.
2. Judge will indicate that they are minded to award mobility award.
This approach may help with the direction of the hearing, but it depends on the judge/panel!
At present you have no award, so its all to play for! The new panel will be aware of the set aside so will also be mindful of the comments by the district judge.
Go for it!
Good luck.
LL26
Thank you for your follow up post.
From what you say, it seems that the whole decision has been set aside. This is quite common. The set aside has been made by a District Judge who is with the First Tier Tribunal. Yes, rule 37. (Basically, if you appeal there is a review at FTT, this is what seems to have happened. ) So the original FTT decision has been annulled, and at present you will revert to the original DWP decision.
Clearly there is sufficient evidence to award mobility. The mobility award from the original tribunal has been cancelled as part of the set aside. I think the way forward is to keep with the new tribunal hearing, and explain to the panel either via letter now, or at the hearing. You need to ask that the previous mobility points are re-awarded, and explain why. Then explain all the other points you should get. (You can refer to a previous submission, or letter you have sent in, if this helps.) Send in the letter, and attend the hearing, or phone link etc. At the beginning of the hearing ask the judge if he has received your letter. You could explain that you are concerned about the mobility award, about this having been set aside. This will generate one of two likely answers.
1. Judge will say no decision, wait until end of hearing.
2. Judge will indicate that they are minded to award mobility award.
This approach may help with the direction of the hearing, but it depends on the judge/panel!
At present you have no award, so its all to play for! The new panel will be aware of the set aside so will also be mindful of the comments by the district judge.
Go for it!
Good luck.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 2 years 11 months ago by LL26. Reason: Omission.
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- Fiona
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2 years 11 months ago #259267 by Fiona
Replied by Fiona on topic What do we risk accepting a 2nd tribunal for PIP?
Thank you LL26
My daughter will not want to risk the Mobility Award. I believe we can still withdraw and keep the original tribunal award. The wording in the Judge's letter is very legalese - the only bit I undertand fully is the "28 days" but Citizen Advice says we can.
So, I have written the courts a letter asking a) for confirmation of our ability to withdraw and keep Mobility award, plus b) asking the judge to please re-consider and put just part of the decision aside (Rule 37). No harm in asking!
If he says no, I have politely asked for him to give a reason why not, ie not legally possible or another. I will report any response.
Meanwhile, thank you for your advice. This is so hard and so unfair. But I see from so many stories of other claimants, that this is the usual!
My daughter will not want to risk the Mobility Award. I believe we can still withdraw and keep the original tribunal award. The wording in the Judge's letter is very legalese - the only bit I undertand fully is the "28 days" but Citizen Advice says we can.
So, I have written the courts a letter asking a) for confirmation of our ability to withdraw and keep Mobility award, plus b) asking the judge to please re-consider and put just part of the decision aside (Rule 37). No harm in asking!
If he says no, I have politely asked for him to give a reason why not, ie not legally possible or another. I will report any response.
Meanwhile, thank you for your advice. This is so hard and so unfair. But I see from so many stories of other claimants, that this is the usual!
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