Appeal to upper tribunal - PIP

cantcope

thank you. the expert has sent me a draft letter.
this is the reasoning...

1. I believe the First-Tier Tribunal made an error of law in that:
1.1. It got the law wrong or misinterpreted it;
1.2. There was no evidence to support its decision;
1.3. The facts were inconsistent with the decision;
1.4. It took things into account which it should not have, or refused or failed to take things into account it should have;
1.5. The decision was perverse.

im going to sign and send it today.

w06

That all collapses into I believe they made an error in law because I disagree with their decision

the bullet points don't make for an arguement, especially 1.4.

pmlindyloo

w06 wrote: »

That all collapses into I believe they made an error in law because I disagree with their decision

the bullet points don't make for an arguement, especially 1.4.

For goodness sake. Have you read the link?

I really don't know why everyone is being so negative.

The OP is receiving legal advice.

Of course there is no guarantee that the OP will succeed but why is everyone trying to put them off trying?

cantcope

w06 wrote: »

That all collapses into I believe they made an error in law because I disagree with their decision

the bullet points don't make for an arguement, especially 1.4.

as previously mentioned i am not a legal expert. i was advised by the MS society to speak with their legal expert which i have done and he has drafted this letter. I'm pretty sure he wouldnt waste his time doing this if it was a case of we don't like the decision. i dont like the decision but that is because it is wrong and not based on the evidence provided form various sources.

they didnt take into account evidence provided and put things in their statement of reasons that weren't told to them or are untrue.

As an example they have assumed i dress my son. i dont. i dont need to. i never said i did and nowhere in my evidence does it say that.and even if i did this isn't relevant to how i dress my upper body as he's quite a bit lower than my waist....

They have assumed that the company that own the building i work in don't think i have any disabilities worthy of assessment or special adaptions... my place of work isn't my employer. my employer submitted a report highlighting an assessment done by OH agreeing that mobility was an issue and therefore i could work from home at least 2 days a week and more when necessary. they also relocated my desk so it was next to the toilets so i can get there! i have buddies for if there is a fire. i have regular meetings to discuss any further things i might need. None of this was considered or even mentioned in their statement of reasons..

We don't think xxx would employ her and she would be able to hold down a responsible job if she had these mobility and grip issues!
firstly they dont, i work for a contractor, the main company couldnt give 2 hoots as long as the work gets done and secondly, my disabilities are protected by the disabilities act as far as employment is concerned for making reasonable adjustments.

they are meant to make their decision based on evidence provided and seen, not their guesses at what happens

cantcope

pmlindyloo wrote: »

For goodness sake. Have you read the link?

I really don't know why everyone is being so negative.

The OP is receiving legal advice.

Of course there is no guarantee that the OP will succeed but why is everyone trying to put them off trying?

I have very little faith i'll succeed even though i deserve to but if people just stop fighting when wrong decisions are made then it doesn't give hope for those that don't actually have it in them to fight.