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Upper tribunal has referred my appeal back to first tier tribunal

shell73

How long will I wait for ftt judge to make a decision I put my claim for pip in last July 2017 cut a long process short the utt judge and secretary of state agreed there had been errors in law and now I have to wait for it to go back to ftt judge does anyone know what happens next

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Peasmold_01

It should be referred back 'with direction'. Basically the UTT have directed the original Tribunal to implement their (UTT) ruling You have possibly created a precedent. Good luck

shell73

Oh ok do I have to go in person or will they make the decision do you know how long it takes and his dirrecdir was that both the claimant me and the appellant the secretary of state both agree that there was an errors in law and the judge should be given the secretary of state submission

Peasmold_01

The answer to that question is, if the UTT gave a direction to the lower Tribunal, then possibly, and I say, possibly, it will be a paper judgement. i.e. the lower Tribunal judge will implement the ruling of the UTT. You will be notified if you are required to return to the LTH (Lower Tribunal Hearing)

Topkitten

The upper tribunal only decide whether you were treated unfairly. If so you get another chance to go to the tribunal again, usually with a direction that the original tribunal members are excluded. At least that is what happened to me.

You need to wait for a new tribunal date and, unfortunately, go through it again.

TK

shell73

So it could take up to another year thank you for your help

shell73

I have a date for novNovem can I take letter from gp with me or have I to post it
Ty

poppy123456

I'd advise you to send it to HMCTS ASAP but make sure all of your details are on it so they know it's yours.

shell73

Just wanted to let you know I won my appeal didn't want to go in person but did and won and it wasn't as awful as I have read on here from a few people's experiences .

Ami2301

Congratulations on winning your appeal @shell73

70keepgoing

Hi I'm new on here but been reading many posts which have kept me rested, I have also been allowed for my pip to be returned back to a new ftt for preferably an oral hearing, my assessment was July 2017 and I've never given up although at times I wanted to, I'm glad I didn't, so like you I'm now awaiting for a date - at the date of my assessment I had diagnosis of osteoarthritis but since then also diagnosed with fibromyalgia - I sent this to the upper tribunal, although I know it's only what affects you at the time of assessment that is discussed should I ensure that I also mention the fm? Good luck with your next hearing - it will give inspiration to others to not give up

70keepgoing

Sorry I hadn't seen that you had won, congratulations and I'm glad it's now all over for you, it gives me strength

debbiedo49

Congratulations

shell73

Thank you everybody and iwas actually appealing for the daily living care discriptor 9 as I only scored 6points for care but 8points for mobility so I have been receiving the standered rate mobility and was awarded the standered rate for care but also awarded enhanced mobility in which I wasn't expecting at all it was a long time waiting all but it's definitely worth going for appeal

70keepgoing

I'm really pleased for you, it's been a long time waiting and stressful for me, so hearing others who have gone this for gives me encouragement and the strength, I got 0 for everything, I haven't had a date yet

Rickyboy123

capita awarded 4 points on mobility and 2 on daily living now I got 7 daily living 0 mobility I'm happy with the 7 but the 4 that got took away and 2 should of stayed the same if capita granted me 4 and 2 they ovousaly had evidence so the court was wrong there higher than capita they shouldn't of took the points away as I do struggle with mobility are my right what I'm saying plus capita are in the wrong cause my health professional wrote to them saying if you need more evidence he will write more but capita never emailed or asked so are my in right or are they bit confused cause why would capita award me them then first tier take them away so stressed

poppy123456

Rickyboy123 said:

capita awarded 4 points on mobility and 2 on daily living now I got 7 daily living 0 mobility I'm happy with the 7 but the 4 that got took away and 2 should of stayed the same if capita granted me 4 and 2 they ovousaly had evidence so the court was wrong there higher than capita they shouldn't of took the points away as I do struggle with mobility are my right what I'm saying plus capita are in the wrong cause my health professional wrote to them saying if you need more evidence he will write more but capita never emailed or asked so are my in right or are they bit confused cause why would capita award me them then first tier take them away so stressed

Your questions were already answered regarding this. You need to request the statement of reasons and record of proceedings from HMCTS. Without this and finding an error in law you can't proceed any further with this claim. It doesn't matter how many times you ask the question the answer will remain the same.

poppy123456

@shell73 great news, well done!

shell73

It took about 6 weeks from the letter from the utt till the appeal it was a long and hard process mine was also last July 2017 but you have to try to put it to the back of your mind cause it is upsetting and stressfully daunting but this is the last hurdle when you get here

70keepgoing

Thanks. I really hope mine is soon. It feels a long time ago since that first assessment and I'm glad I didn't give up, Ive asked my gp for a letter too and my consultant. Did you post or take it along with you? Did you have a representative attend with you?

Peasmold_01

Operative word, POSSIBLY

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