UC LCWRA appeal

Alice_Holt

born_again said:

Challenging a tribunal decision

You might be able to appeal a tribunal's decision if you can show that it made an 'error of law'. First you have to ask the tribunal for a 'statement of reasons' if they haven't sent you one. You must ask within a month of the decision - the letter from the tribunal tells you how.

So did they (Tribunal) make a error in the law? 
Which does not cover you disagreeing with their decision.

       This was covered in some detail during the course of this lengthy thread, the OP has been given advice on appealing to the UT (I wouldn't expect you to have gone back through the many pages of his thread !), and on what constitutes an error of law.

However the OP will now be out of time to request a statement of reasons from the FTT. 

The thread has now run for over a year, and perhaps could be closed to save duplication and confusion.

HillStreetBlues

Alice_Holt said:

The thread has now run for over a year, and perhaps could be closed to save duplication and confusion.

Disagree,
tifo is free to post and rather be kept in the same thread rather than creating a new one.
That is unless the mods want to bar further postings on this topic.

poppy12345

tifo said:

FusionFury said:

How far can you take it? Is there more room to appeal once the tribunal says no? Like a higher body? 

I was looking to take it to the upper tribunal

You are well out of time to be able to do that now. Again, i believe all of this was covered in great length quite sometime ago.

HillStreetBlues said:

Alice_Holt said:

The thread has now run for over a year, and perhaps could be closed to save duplication and confusion.

Disagree,
tifo is free to post and rather be kept in the same thread rather than creating a new one.
That is unless the mods want to bar further postings on this topic.

What other advice can possibly be given other than going over what's already been advised so many times.

HillStreetBlues

poppy12345 said:

HillStreetBlues said:

Alice_Holt said:

The thread has now run for over a year, and perhaps could be closed to save duplication and confusion.

Disagree,
tifo is free to post and rather be kept in the same thread rather than creating a new one.
That is unless the mods want to bar further postings on this topic.

What other advice can possibly be given other than going over what's already been advised so many times.

None, that's why it's better in the same thread.

I didn't reply to tifo last post as it just prolongs it, anyone is free to ignore a thread.

born_again

Alice_Holt said:

born_again said:

Challenging a tribunal decision

You might be able to appeal a tribunal's decision if you can show that it made an 'error of law'. First you have to ask the tribunal for a 'statement of reasons' if they haven't sent you one. You must ask within a month of the decision - the letter from the tribunal tells you how.

So did they (Tribunal) make a error in the law? 
Which does not cover you disagreeing with their decision.

       This was covered in some detail during the course of this lengthy thread, the OP has been given advice on appealing to the UT (I wouldn't expect you to have gone back through the many pages of his thread !), and on what constitutes an error of law.

However the OP will now be out of time to request a statement of reasons from the FTT. 

The thread has now run for over a year, and perhaps could be closed to save duplication and confusion.

I just posted it off the back of Op post 14 June at 1:13PM edited 14 June at 1:23PM.

Not surprised that it had been posted before 🤷‍♀️but with 20+ pages, it's just a case of answering the question OP posed.

Do agree that this thread has really run it's course & just going round in circles.
Even closing this & Op opening a new thread is not going to solve this issue.

tifo

born_again said:

Do agree that this thread has really run it's course & just going round in circles.
Even closing this & Op opening a new thread is not going to solve this issue.

I don't agree, respectfully. Those that don't want to read any posts can ignore them and those who are subscribed, through previous replies, can unsubscribe. I'm still thankful for the help and advice given so far.

The claim is ongoing and as can be seen from the recent DWP correspondence, progress is being made, slowly.

I have the statement of reasons so am not out of time. I am still within 13 months of receiving this so again am not out of time to make an upper tribunal application. Of course, for an error in law which is why there has been a delay in this as I cannot find an organisation to properly look into it and advise. Shelter are not interested for reasons of staffing than my case and they're the only ones i'm referred to.

When I get near the 13 month time limit i'll make the application myself through no choice by not getting help, though I know this is very difficult.

poppy12345

tifo said:

born_again said:

Do agree that this thread has really run it's course & just going round in circles.
Even closing this & Op opening a new thread is not going to solve this issue.

I have the statement of reasons so am not out of time. I am still within 13 months of receiving this so again am not out of time to make an upper tribunal application. Of course, for an error in law which is why there has been a delay in this as I cannot find an organisation to properly look into it and advise. Shelter are not interested for reasons of staffing than my case and they're the only ones i'm referred to.

That should have been done within 1 month of receiving the SOR. A late appeal could be refused. I'm not convinced you have 13 months at this stage. https://commonslibrary.parliament.uk/appealing-benefits-decisions-beyond-the-first-tier-tribunal/

HillStreetBlues

poppy12345 said:

That should have been done within 1 month of receiving the SOR. A late appeal could be refused. I'm not convinced you have 13 months at this stage. https://commonslibrary.parliament.uk/appealing-benefits-decisions-beyond-the-first-tier-tribunal/

I agree.

You can have up to 13 moths to appeal a DWP decision,  but this isn't a DWP decision.
As it's a Tribunal decision then it's a month, as the appealing rules will be separate (although they can overlap in certain areas)

poppy12345

HillStreetBlues said:

poppy12345 said:

That should have been done within 1 month of receiving the SOR. A late appeal could be refused. I'm not convinced you have 13 months at this stage. https://commonslibrary.parliament.uk/appealing-benefits-decisions-beyond-the-first-tier-tribunal/

I agree.

You can have up to 13 moths to appeal a DWP decision,  but this isn't a DWP decision.
As it's a Tribunal decision then it's a month, as the appealing rules will be separate (although they can overlap in certain areas)

Thanks for confirming that. I'm certain this has been advised several times throughout the thread but i don't have the time or energy to work my way through 22 other pages.

Alice_Holt

tifo said:

born_again said:

Do agree that this thread has really run it's course & just going round in circles.
Even closing this & Op opening a new thread is not going to solve this issue.

I have the statement of reasons so am not out of time. I am still within 13 months of receiving this so again am not out of time to make an upper tribunal application. Of course, for an error in law which is why there has been a delay in this as I cannot find an organisation to properly look into it and advise. Shelter are not interested for reasons of staffing than my case and they're the only ones i'm referred to.

When I get near the 13 month time limit i'll make the application myself through no choice by not getting help, though I know this is very difficult.

          https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/716361/utaac-faq-eng.pdf

    and

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/713605/ut1-leaflet-eng.pdf

     Note the reference to the one month time limit in the Before you appeal section. (Per the comments by Poppy and HSB above). 

Although this can be extended in certain circumstances, that discretion is only normally granted for a very "good reason" such as hospital stays, etc (and where there is a pressing need to allow the appeal in the interests of justice - so the strength of the appeal may be a consideration). 
 The longer the delay, the stronger the "good reason" needs to be - so, with respect I think you will struggle to get permission to appeal to the UT after a length of time approaching 13 months.
Note the later comment that "Unless the Upper Tribunal judge considers you should be granted an extension of time your application will not be admitted and you will not be able to appeal."