Esa Appeal

I have received my statement of reasons, can you please confirm if the following points can be classed as an error in law:

1. The Dr has stated on three separate points that there was not any medical evidence supplied supporting the conditions that I suffer with. This is a totally incorrect statment, the evidence was supplied but they have blatantly been disregarded.

2. In two points listed regarding my medical condition they have referred to me as a Mrs Hxxxxx - this is not my name, they have obviously got me mixed up with somebody else.

3. 2 pages of the tribunal pack were missing from my bundle - I contacted the Courts to enquire as to why I had a gap in my bundle, why had they been numbered and left out. I was told I did not need them, if they had been numbered by the Courts surely they must be relevant.

4. The Dr stated at the hearing that medical evidence i.e. a letter in my medical records supplied from a Neurologist, that certain paragraphs had been blanked out completely and he could not read them.

My copies and my Solicitors copies received from the Courts had not been blanked out. So why for some reason his copies should differ from mine? They should be identical. That paragraph the Dr claims was blanked out had very relevant information regarding the condition I suffer with.

Regarding the Record of the Court Proceedings, firstly on 4 separate sheets it has somebody else's
name and tribunal reference number and a difference date typed on them, the Courts have simply scribbled through and inserted in pen my name, hearing date and ref no. But I can clearly see who this document was originally written for. Their name, hearing date and tribunal reference number can still be seen.

There also are a few discrepencies regarding the Record of Proceedings, the Dr stated quite a few important things in the hearing but for some reason have not been recorded on paper.
Do I need any special forms that I need to use to appeal for permission to the Upper Tribunal or do I just send it in a form of a letter? Your advise would be very much appeciated as I am at a loss with what to do next.

Thank you.

Daisydream wrote: I have received my statement of reasons, can you please confirm if the following points can be classed as an error in law:

1. The Dr has stated on three separate points that there was not any medical evidence supplied supporting the conditions that I suffer with. This is a totally incorrect statment, the evidence was supplied but they have blatantly been disregarded.

2. In two points listed regarding my medical condition they have referred to me as a Mrs Hxxxxx - this is not my name, they have obviously got me mixed up with somebody else.

3. 2 pages of the tribunal pack were missing from my bundle - I contacted the Courts to enquire as to why I had a gap in my bundle, why had they been numbered and left out. I was told I did not need them, if they had been numbered by the Courts surely they must be relevant.

4. The Dr stated at the hearing that medical evidence i.e. a letter in my medical records supplied from a Neurologist, that certain paragraphs had been blanked out completely and he could not read them.

My copies and my Solicitors copies received from the Courts had not been blanked out. So why for some reason his copies should differ from mine? They should be identical. That paragraph the Dr claims was blanked out had very relevant information regarding the condition I suffer with.

Regarding the Record of the Court Proceedings, firstly on 4 separate sheets it has somebody else's
name and tribunal reference number and a difference date typed on them, the Courts have simply scribbled through and inserted in pen my name, hearing date and ref no. But I can clearly see who this document was originally written for. Their name, hearing date and tribunal reference number can still be seen.

There also are a few discrepencies regarding the Record of Proceedings, the Dr stated quite a few important things in the hearing but for some reason have not been recorded on paper.
Do I need any special forms that I need to use to appeal for permission to the Upper Tribunal or do I just send it in a form of a letter? Your advise would be very much appeciated as I am at a loss with what to do next.

Thank you.

Hi Dd,

Your first step is to write to The FTT, asking for permission to appeal to The UTT as you feel that there has been an error in law.

This must arrive at The FTT no later than one month after the date of the Statement of Reasons (RofP)

Send by recorded delivery, keep copies of everything.

I am not legally qualified, but it seems from what you have written that there may well have been an error in law :

Errors of Law can include the following :

Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to the appellant, failure to explain why they’ve relied on any material evidence against the appellant, particularly where that evidence was put at issue by the appellant, complete mishandling of relevant evidence or applying the law incorrectly, etc.

All that you can do, if you are to do this yourself, is lay down what you consider to be any errors in law, much as you have done in your post here.

If the FTT refuse leave to appeal to The UTT, (which is quite common) you can request permission directly from The UTT.

You will be informed of the process for this as things progress.

There is more information on appealing to The UTT, below :

Appealing to The Upper Tier, DR UK Factsheet

bro58

Hi Bro58

Many thanks for your prompt reply it is very much appreciated. I will start tomorrow and set the wheels in motion. I willl keep you informed of any developments. Thank you.

Daisydream wrote: Hi Bro58

Many thanks for your prompt reply it is very much appreciated. I will start tomorrow and set the wheels in motion. I willl keep you informed of any developments. Thank you.

Hi Dd,

As you may have noted from the Factsheet, Legal Aid is still available for appeals to The UTT.

Good luck, and please do keep us up to speed on how things are progressing.

bro58

Hi Bro58

Just to keep you updated, I have today received a reply and the District Judge has decided that a new tribunal should hear the appeal. The decision does not need to be considered by the Upper Tribunal. The tribunal's original decision will be cancelled. On the Decision Notice it states - It is appropriate to review the decision because the reference to "refuse. No Sch 3. No reg 35" as the first entry on the receord of proceeding in the absence of explanation suggests that the tribunal had made it's mind up before taking any evidence. This is an error of law. I have not considered any of the other grounds of appeal. The decision is set aside. The appeal is to be relisted as an oral before a freshly constituted tribunal.

Do you have any suggestions of what I need to plan for regarding this new appeal? as I feel so confused with the whole process that I really dont know what to do next.

Also my ESA CB entitlement stopped after I lost the tribunal in february, what is the procedure now that the original tribunal decision has been cancelled, do they have to reinstate my payments until the new tribunal?

Yesterday I received a letter from DWP regarding my DLA which I am at the moment receiving the Higher Mobility Rate for. I have been told that because my circumstances have changed I am assuming they are referring to my tribunal in february that I now have to reclaim under the new scheme PIP.

I was told by letter in early February this year that I would not be re-assessed for PIP until 2015 and I have also been on their website yesterday to recheck this on the pip-checker and it confirms that I will not be called for re-assessing until 2015. Should I phone the DWP and explain the situation regarding the original tribunal being cancelled.

Any advice would be very much appreciated. Many thanks.