Upper appeal — Scope | Disability forum
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Upper appeal

Hi, I received a letter confirming that the upper appeal has allowed my appeal & it has been referred back to 1st tier tribunal,there was a error in law which was pointed out. Can anyone tell me what happens now. This has took over a year to get to this stage & it's driving me insane, thanks in advance 

Comments

  • Topkitten
    Topkitten Member Posts: 1,285 Pioneering
    I had to appeal to the upper tribunal for the same reason however, my case was so obvious that the clerk to the higher tribunal decided it instead. The ruling was that I would get a new appeal and that the persons involved in the first decision were not allowed to be involved. The new appeal went through correctly and without problems, The date for the decision was back-dated to the original application 18 months before. I just had to wait for a date to be allocated to my case and then attend the tribunal as before.

    TK
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • Nicol1
    Nicol1 Member Posts: 11 Listener
    Thanks for replying top kitten, so I will need to go to a other appeal? How long did it take for you to get another date? 
  • Nicol1
    Nicol1 Member Posts: 11 Listener
    Thanks Mike, hopefully don't have to wait too long .
  • Topkitten
    Topkitten Member Posts: 1,285 Pioneering
    I appreciate that clerks are not supposed to decide anything but the "Statement of Reasons" was so laughable that this one did to save wasting the time of those that would decide. The letter was from the clerk, signed by him and sent to my representative who worked for CAB.

    The waiting time for my new appeal was around the normal waiting time that was then being taken but I can't remember now what it was. It was a DLA claim and the delays were much shorter then.

    TK
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • angel137
    angel137 Member Posts: 51 Courageous
    Mikehughes
    How do I bookmark this page?
    My appeal in papers was dismissed. No reasons given. Considering appealing. But if it gets sent back and I'm still unable to attend a hearing, is it worth it? 

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