Tribunal rejected

Bonnie1906

I've had my Tribunal rejected.  My psychiatric reports were not sent to the Tribunal,  None of the 3 Judges had psychiatric expertise.  I could only get an appointment the the CAB - who said they would sent them of for me - one week beforehand.  I still don't know whether this happened as no reply to my enquiries.  Also the written notes that were included in my Reasons for Refusal letter were illegible.  They said they would send me a transcript anksbut I only have 3 weeks now to apply for an Upper Tribunal.  Is there any legal service that would look through my case that I could go directly to?   I haven't been so ill now for 17 years Thanks

thespiceman

Hello @Bonnie1906

Pleased to meet you welcome.

Please can I say thank you for sharing. I do not really not know the answer.

Understand the issues and problems I am sure our community may have an answer.

Considering looking at Welfare rights or looking on line for legal or welfare support would be a suggestion.  Just a solution.

Hope that helps

Take care

@thespiceman

JennysDad

Hello @Bonnie1906 and a warm welcome to the community. Very glad you've found us, but I'm sorry to hear you're having such an awful time of it.
I can't answer your queries myself, but we do have experts here who should be able to advise you and I am going to forward your post to them. Bear with us and they should be in touch with you shortly.
Warmest best wishes,
@JennysDad

mikehughescq

You have an initial 28 days to request a statement of reasons and record of proceedings and a further month from receipt of those to apply for Jesse to appeal. So, have you written to HMCTS for the SOR and ROP? 

Bonnie1906

Who is Jesse?  I have the Statement of Reasons as I said,  dated 6.6.18.  The hand written notes are illegible so I have to ask for a transcript.  I only have a short while left because I have been trying to find out from the CAB whether they sent my psychiatric reports to the Tribunal which the DWP failed to do.  I can't get an answer from the CAB and gone running around to different agencies to find some legal help before I contact the Court again for an Upper Tribunal. I can't understand a lot of it so there may be other mistakes.  I am being penalised for having what they thought was too much DLA but it wasn't the high rate.

Lucysam25

Hi this is LucySam25 can you give me some advice about my tribunal  form what to put and not what say to the judge I am a bit confused help?

mikehughescq

“Jesse” was an autocorrect from my device Should have said “leave” believe it or not. Anyway, if you can’t get an answer from CA then look for a local law centre; independent advice centre or local authority welfare rights service. 

Several thimgs to say:

1 - there’s no requirement for a tribunal to have explicit expertise in your condition. It would be impossible to cover the full range of possible ill health if that were a requirement and even if they did have such expertise it often goes against you as disputes within professions as to the specifics of diagnosis are rife. 

2 - they weren’t 3 judges, 1 judge. 1 medical professional and 1 disability qualified member i.e. person with experience of disability.

3 - a transcript of the record of proceedings may help but right now it would be easier to get someone else to decipher it.

4 - whilst you need to find an error of law to go to UT it may be quicker to apply for a set aside on the basis that key documents were missing. However, did you raise on the day the fact that letters should have been submitted? Did you not take copies with you? 

BenefitsTrainingCo

Hi @Bonnie1906,

Upper Tribunal work is still an area which is in scope for legal aid for, so it is likely that there is a legal adviser out there who can advise on this - really the CAB or a local Welfare Rights/law centre should be able to signpost you to who in your area has the contract (as they may not be that nearby) but if you can't rely on them, then you could try using the legal aid checker website https://www.gov.uk/check-legal-aid opt for 'i've been refused at the 1st tier and want to appeal to the Upper' option, and put that you're on income support etc (just to get through the system) and it should give you details of local agencies who may be able to help - you'll then have to ring round them to see if they actually can.

Hope this helps.

Kind regards,

Mary

BenefitsTrainingCo

@Lucysam25 if its the SSCS1 form, then the grounds don't need to be extensive, you just need to say, in basic terms, why you disagree with the decision e.g. due to X and Y, I can't do Z.  -you can always make a more detailed submission later if you want to.

My main tip though, would be that you need to request an oral hearing as this massively increases your chances of success.

Good luck!

Mary

Lucysam25

Hi mary I wrote on the letter what I was diagnosed  with but there was no mention  letter  I got back of pip all they put down was my musculoskeletal disorder nothing else 

markyboy

When you make an application for a upper tribunal it is looked at by a judge and if he thinks there are grounds to set aside the first hearing he will do that's what happened to me 
I went to my first tribunal which was so stressful and i feel because i was getting bombarded with questions from the panel i got tongue tied and said the wrong things so on the 2nd tribunal i put my case on paper and told them i would not be attending and the result was i won my case and the DWP did not dispute the result 
My original award was till Dec 2019 which would of meant a review in Dec 2018 but because the judge stated that i was entitled to the enhanced award till Dec 2019 now the DWP cannot review it 12 months before the end date and i have been told to contact them 14 weeks before Dec 2019 for a reassessment.