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Tribunal appeal

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2 years 3 months ago #278557 by Brdxyz
Tribunal appeal was created by Brdxyz
After waiting 1 year for my medical records to be reviewed and corrected and a year for tribunal hearing I finally attended via telephone with support worker, Judge asked whether I was still in receipt of LCWRA twice and whether I had been given a warning?
We were then allowed 10 minutes to make a decision to proceed. ISupport worker advised in her 7 years she had never experienced this. I was appealing for 2 extra points for daily living and 8!points for mobility to receive high award. Support worker advised she thought it would be passed simply on the papers. I withdrew as I had no idea what was going on. Please advise-

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2 years 3 months ago #278571 by LL26
Replied by LL26 on topic Tribunal appeal
Hi Brdxyz,
I'm sorry to hear that you were disappointed and frustrated by the Tribunal.
If you are minded to continue then you can 'unwithdraw' and continue with your appeal. I have copied the relevant part of the Tribunal Rules -rule 17 allows for you to reinstate the appeal if you apply within a month.
Write in and explain that you were given no warning and were effectively given an ultimatum. You were put in z very awkward position and had no option to withdraw You can say that you do not believe that you were given a fair hearing and have therefore lost your right to access justice. This is a breach of Article 1 ECHR.
Additionally Rule Overriding objective and parties’ obligation to co-operate with the Tribunal
2.—(1) The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.
From what you say I do not believe this objective was met.

17 (4) A party who has withdrawn their case may apply to the Tribunal for the case to be reinstated.

(5) An application under paragraph (4) must be made in writing and be received by the Tribunal within 1 month after—

(a)the date on which the Tribunal received the notice under paragraph (1)(a); or
(b)the date of the hearing at which the case was withdrawn orally under paragraph (1)(b).
(6) The Tribunal must notify each party in writing of an withdrawal under this rule.

I hope this helps.
LL26

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

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2 years 3 months ago #278575 by Gordon
Replied by Gordon on topic Tribunal appeal
Brdxyz

If the Judge issued a warning and an opportunity to withdraw your appeal then they are saying that the panel has serious doubts over your existing award let alone any increase that you are appealing for.

It does not mean that the panel will reduce/remove your existing award but it is a real possibility if you continue.

You need to think carefully before contacting the Tribunal Service to reinstate your appeal.

Gordon

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

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