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Rule 43 Application or Judicial Review ?

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4 years 3 weeks ago #258198 by bpirockin
Rule 43 Application or Judicial Review ? was created by bpirockin
I was turned down for my application to appeal to the Upper Tribunal with regard to the mobility component of PIP, which i should be entitled to under the mental health side of things. The issue is that when I attended the Tribunal they did not ask appropriate questions, but more importantly they presented two distressing events that occurred when there were issues on familiar journeys, to look as though they occurred on unfamiliar journeys, even though they asked another question about unfamiliar journeys where I made it perfectly clear that I do not make them. The necessary unfamiliar journeys made in the past 10 years have been facilitated by a family member driving me, but they did not ask, and because of how my brain works, i did not think to mention it at the time. I can't say that the Tribunal lied, but essentially the issue is that they have MISUNDERSTOOD and not clarified when another answer completely contradicted it. Any suggestions on how to tackle this, I believe i'm at the final hurdle now, so it's last chance saloon. I have no-one to represent me, not least because I see no-one and not even family members know the full extent of thing. Panicking now, which doesn't help my ability to read and take in information and use it appropriately.

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4 years 2 weeks ago #258251 by Catherine
Replied by Catherine on topic Rule 43 Application or Judicial Review ?
Hello Patricia,

In case you are not aware your full name appears to be displayed, if you would like to change that there are instructions here.

My full name is showing, how can I stop it.

I am not completely clear where you are in the process. I assume that you are saying that you have denied permission to appeal to the upper tribunal rather then you have appealed to them and they have confirmed that they agree with the first tier tribunal's decision?

If the first tier tribunal has refused you permission to appeal to the upper tribunal, you can apply to the upper tribunal for permission to appeal to them.

It could be that it is me not reading and taking in the information from your post, but a little more detailed information would help us to steer you to the next stage, if there is one.

Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Dan, LL26, bpirockin

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