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TOPIC: Upper Tribunal Appeal

Upper Tribunal Appeal 1 year 3 weeks ago #201280

First the good news. I recently had my Tribunal hearing which determined I did have limited capability for work, awarding me 15 points and placing me in the Work Related Activity Group. I was previously awarded 0 points by the DWP. Thank you to everyone on this site for the help and advice in making this possible.

The not so good news. I believe due to the nature of my injury, and the significant evidence submitted to the tribunal Regulation 35 should apply to my case, and I should have been placed in the support group under exceptional circumstances.

I am currently in the process of writing to the Tribunal Service for a statement of reasons for the decision, together with a copy of the Judge's contemporaneous notes.

Are there any guides on this website dealing with appealing to the Upper Tribunal? I can only find a couple of pages at the back of the ESA Mandatory Reconsiderations and Appeals guide.

Additionally, has anyone been in the same situation as myself, having actual won their case at the Tribunal hearing, been placed in the WRAG, and appealed to the Upper Tribunal to challenge the finding that they should have been placed in the support group under exceptional circumstances.

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Upper Tribunal Appeal 1 year 3 weeks ago #201299

  • Gordon
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Jonathan

I'm afraid there are no guides for appealing to the UTT, each case is unique and is, to a very large extent, dependant on the contents of the Judge's SoR. This also means that we are very limited in the advice that we can give.

I would recommend that you get face to face a advice from a Trained advisor. Do an internet search for "welfare advice" with your postcode, town or county.

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

Upper Tribunal Appeal 1 year 3 weeks ago #201375

Hi not the same circumstances but also awaiting leave to appeal to Upper Tribunal.

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