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SOR and Reconsideration
- Hughie
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5 years 3 months ago #224026 by Hughie
SOR and Reconsideration was created by Hughie
Hi
I am really hoping I can get some help here. A good friend of mine had his PIP appeal in November as he was turned down from HRM and MRC to zero after being migrated across. He had a local Welfare Rights officer representing him at the hearing. His Daughter was also with him and the hearing was very hostile indeed. My friend's Daughter was told to keep quiet throughout, and the decision was against him, nothing awarded. He was really upset and the welfare rights officer told him she would apply for a SOR and the ROP. They have just arrived at his house a few days ago. However, although he disagrees with what is on the papers, he is not sure if he has now left it to late to lodge a reconsideration request. The Welfare Rights lady told him it would be best to wait for the SOR and the ROP before doing this. Is she right, or has he now left it too late through no fault of his own? Can I also briefly ask at what point his Rep or Daughter are allowed to speak up. The Daughter told me that even the lady from Welfare Rights was shot down in flames? Thank You for this.
I am really hoping I can get some help here. A good friend of mine had his PIP appeal in November as he was turned down from HRM and MRC to zero after being migrated across. He had a local Welfare Rights officer representing him at the hearing. His Daughter was also with him and the hearing was very hostile indeed. My friend's Daughter was told to keep quiet throughout, and the decision was against him, nothing awarded. He was really upset and the welfare rights officer told him she would apply for a SOR and the ROP. They have just arrived at his house a few days ago. However, although he disagrees with what is on the papers, he is not sure if he has now left it to late to lodge a reconsideration request. The Welfare Rights lady told him it would be best to wait for the SOR and the ROP before doing this. Is she right, or has he now left it too late through no fault of his own? Can I also briefly ask at what point his Rep or Daughter are allowed to speak up. The Daughter told me that even the lady from Welfare Rights was shot down in flames? Thank You for this.
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- Gordon
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5 years 3 months ago #224033 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic SOR and Reconsideration
HJ
They have one month from the date of the letter accompanying the SoR to request a hearing at the Upper Tier Tribunal, they could not have made the request until they received the documents.
There is no legal requirement, that I am aware of, for the Judge to allow the daughter or the Rep to speak but it would likely weaken their Decision if they did not seek relevant information from the sources available, whether this would amount to an Error of Law or not I can't say, it would depend on it being put in context to the whole hearing.
They should contact the Rep for their thoughts.
An appeal to the UTT can take a long time and the most likely result is another FTT hearing so they should also raise the issue of making a new claim for PIP, this can be done in parallel to any appeal that they may make but they need to be aware that doing so will limit any award that an appeal might make.
Gordon
They have one month from the date of the letter accompanying the SoR to request a hearing at the Upper Tier Tribunal, they could not have made the request until they received the documents.
There is no legal requirement, that I am aware of, for the Judge to allow the daughter or the Rep to speak but it would likely weaken their Decision if they did not seek relevant information from the sources available, whether this would amount to an Error of Law or not I can't say, it would depend on it being put in context to the whole hearing.
They should contact the Rep for their thoughts.
An appeal to the UTT can take a long time and the most likely result is another FTT hearing so they should also raise the issue of making a new claim for PIP, this can be done in parallel to any appeal that they may make but they need to be aware that doing so will limit any award that an appeal might make.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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