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Legality of Appeal tribunal format.
- Peter Barczak
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8 years 8 months ago #176069 by Peter Barczak
Legality of Appeal tribunal format. was created by Peter Barczak
Hi.
At my Appeal Tribunal, the DSS put in papers saying things like "Evidence shows" that you can walk 200 yards.
"Evidence shows" that you can handle your medications.
They never provided this "evidence" yet I was pushed to justify my claims that this was not true.
And of course, I was ignored, as were my written application and my ATOS interrogation answers.
How, in British justice can this be so?
If no evidence is produced, how can I be asked to refute it?
ps. I find this forum very hard to use and have posted a question before and been unable to find it again.
Can't you have a system ( as on many other forums) where an answer is sent to the thread starter please?
Thank you.
Please excuse any repeat of this post, when I am unable to find it again.
At my Appeal Tribunal, the DSS put in papers saying things like "Evidence shows" that you can walk 200 yards.
"Evidence shows" that you can handle your medications.
They never provided this "evidence" yet I was pushed to justify my claims that this was not true.
And of course, I was ignored, as were my written application and my ATOS interrogation answers.
How, in British justice can this be so?
If no evidence is produced, how can I be asked to refute it?
ps. I find this forum very hard to use and have posted a question before and been unable to find it again.
Can't you have a system ( as on many other forums) where an answer is sent to the thread starter please?
Thank you.
Please excuse any repeat of this post, when I am unable to find it again.
- slugsta
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8 years 8 months ago - 8 years 8 months ago #176094 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Legality of Appeal tribunal format.
Hi Peter,
I'm sorry that you do not feel your appeal was carried out fairly. You can ask for a Statement of Reasons from the Tribunal Service and take this to a trained advisor to see whether it might be classed as an Error in Law. if this were so you might be able to take your case to the Upper Tier Tribunal.
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
I'm assuming two things - firstly that, as you mention ATOS, we are talking about PIP and secondly that your claim was refused completely? If so, you can reapply for PIP straight away, if you have the energy. Even if you were able to take this current issue further, it could take a year or more to be decided. If my assumptions are incorrect, please let us know and we will advise accordingly.
As to your other point - I'm afraid that the forum software does not support alerts being sent to the OP or other contributors. If you bookmark/favourite the topic on your web browser, as soon as you make the first post, you will be able to find it easily in future. Alternatively you can click on your username, in blue when you are logged into the forum, and it will bring up a list of all your previous posts.
I'm sorry that you do not feel your appeal was carried out fairly. You can ask for a Statement of Reasons from the Tribunal Service and take this to a trained advisor to see whether it might be classed as an Error in Law. if this were so you might be able to take your case to the Upper Tier Tribunal.
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
I'm assuming two things - firstly that, as you mention ATOS, we are talking about PIP and secondly that your claim was refused completely? If so, you can reapply for PIP straight away, if you have the energy. Even if you were able to take this current issue further, it could take a year or more to be decided. If my assumptions are incorrect, please let us know and we will advise accordingly.
As to your other point - I'm afraid that the forum software does not support alerts being sent to the OP or other contributors. If you bookmark/favourite the topic on your web browser, as soon as you make the first post, you will be able to find it easily in future. Alternatively you can click on your username, in blue when you are logged into the forum, and it will bring up a list of all your previous posts.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 8 months ago by slugsta.
The following user(s) said Thank You: Peter Barczak
- keeptrying
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8 years 8 months ago #176112 by keeptrying
Replied by keeptrying on topic Legality of Appeal tribunal format.
try to get good medical evidence from the professionals that you see/have seen you - gp - specialists - anyone who can provide a report
- Peter Barczak
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8 years 8 months ago #177257 by Peter Barczak
Replied by Peter Barczak on topic Legality of Appeal tribunal format.
Thank you for your reply, Mrs Hurtyback.
Can you please advise me as to what a " Trained advisor" is as I have tried 3 times this week to contact Age UK but their "advisors" only seem to be available between 23-59 hrs and 00-01 hrs on days of the week beginning with X.
I have had my Statement of reasons for a week now and dread having my month run out before I can get some help.
Once again, thank you.
Can you please advise me as to what a " Trained advisor" is as I have tried 3 times this week to contact Age UK but their "advisors" only seem to be available between 23-59 hrs and 00-01 hrs on days of the week beginning with X.
I have had my Statement of reasons for a week now and dread having my month run out before I can get some help.
Once again, thank you.
The following user(s) said Thank You: slugsta
- Gordon
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8 years 8 months ago #177294 by Gordon
Do an internet search for "welfare advice" with your postcode, town or county.
You are looking for an advisor with experience of UTT appeals.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Legality of Appeal tribunal format.
#Peter Barczak wrote: Thank you for your reply, Mrs Hurtyback.
Can you please advise me as to what a " Trained advisor" is as I have tried 3 times this week to contact Age UK but their "advisors" only seem to be available between 23-59 hrs and 00-01 hrs on days of the week beginning with X.
I have had my Statement of reasons for a week now and dread having my month run out before I can get some help.
Once again, thank you.
Do an internet search for "welfare advice" with your postcode, town or county.
You are looking for an advisor with experience of UTT appeals.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Peter Barczak
- Peter Barczak
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8 years 8 months ago #177339 by Peter Barczak
Replied by Peter Barczak on topic Legality of Appeal tribunal format.
Thank you, Gordon.
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