× Members

Tribunal Decision

  • jottom
  • Topic Author
10 years 7 months ago - 10 years 7 months ago #110206 by jottom
Tribunal Decision was created by jottom
Hi ,
I have a query regarding a Tribunal Decision Notice.

The appeal is refused.
Ms R ... remains entitled to the mobility componant at the lower rate because she is virtually 8nabler to walk ??????
Surely this entitles me to the higher mobility rate.
Does this count as a 'slip of the pen'
Or does this amount to an 'error of law.
In the summary of reasons there appears to be a contradiction.
The statement from the EMP dated 28.1.13 stated that I could walk 150 metres ( although this was never tested.

The next statement is from a consultant who states that my walking ability is limited to 50 metres Dated 9.3.2013.

On 25.5.2011 The GP stated that there was no muscle wasting.
The EMP on 28.1.13 states that there is muscle wasting.

These are clearly conflicted statements.
I believe that there is something about a decision notice having to be claer and understandable. surely this Notice is anything but.
Advice or comments would be appreciated.
Thanks
Last edit: 10 years 7 months ago by . Reason: Tick.

Please Log in or Create an account to join the conversation.

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
  • Offline
More
10 years 7 months ago - 10 years 7 months ago #110216 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Tribunal Decision
It could be a slip of the pen, e.g. Ms R.... remains entitled to the mobility component at higher rate because she is virtually unable to walk. The slip of the pen being 'lower' being written instead of 'higher'

You need to contact the Clerk to the Tribunal at the address on your decision notice to clarify what the Tribunal decided.

If it is a slip of the pen, the Clerk can alter it. If the Tribunal has changed your higher rate to lower, then you need to ask for a 'Statement of Reasons' for the Tribunal's decision and have it checked out by a benefits adviser, as we cannot do this in the forum.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 7 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).

Please Log in or Create an account to join the conversation.

  • jottom
  • Topic Author
10 years 7 months ago #110222 by jottom
Replied by jottom on topic Tribunal Decision
when you get a decision notice do they separate the two decisions.
The number 1 header says The appeal is refused.
Does this cover both parts.
So is the slip of the pen the phrase 'she is virtually unable to walk'

The appeal was to raise the award from lower to higher.

The final statement reads.
'The Tribunal did not find that there were grounds to supersede the existing award.'
So I am assuming that the 'virtually unable to walk' is the slip.
Can I use this as an error of law?

Please Log in or Create an account to join the conversation.

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
  • Offline
More
10 years 7 months ago #110226 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Tribunal Decision
Possibly, but you need to check with the Clerk to the Tribunal to see what their master copy states.

If an appellant is on both mobility and care components, the decision is usually separated into two parts.

Sorry, but I'm logging off now, as I have to go on oxygen at 10.00 pm.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jottom

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.