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Upper appeal
Nicol1
Member Posts: 11 Listener
How long does it take for upper appeal decision once you have proved an error in law
Replies
The UTT will not remake the decision. If they find an error they will return it to the FTT with a direction on that point. The FTT then relook at your claim and with that direction in mind, make a new decision
CR
I’m going to contradict @CockneyRebel and say that a UT most certainly can remake the decision if they wish but its relatively rare in disability benefit casesas one of the common errors of law is a failure to make sufficient findings of fact and, if that’s upheld, a UT has no power to find facts. The UT also don’t issue directions as such i.e. legal directives which must be followed. They can direct a new FTT to look at specific things or highlight what they think is important but a FTT can completely ignore it.
Just wanted to say that re your condition having changed - I'm not sure if it's for the worse or the better, but if you think you should be entitled to more benefit now then this is a separate issue to your UT challenge. Neither the UT nor any FTT they may refer the decision back to will look at changes of circumstances since the original decision.
If your condition has changed and you report this as a change of circumstances which may affect an existing award, or you make a new claim, I can assure you that this won't hold up the UT process, as the change isn't relevant to the decision you are challenging.