Upper tribunal has referred my appeal back to first tier tribunal — Scope | Disability forum
If we become concerned about you or anyone else while using one of our services, we will act in line with our safeguarding policy and procedures. This may involve sharing this information with relevant authorities to ensure we comply with our policies and legal obligations.

Find out how to let us know if you're concerned about another member's safety.

Upper tribunal has referred my appeal back to first tier tribunal

shell73
shell73 Member Posts: 56 Connected
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 
«1

Comments

  • Peasmold_01
    Peasmold_01 Member Posts: 144 Pioneering
    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
    shell73 Member Posts: 56 Connected
    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
    Peasmold_01 Member Posts: 144 Pioneering
    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
    Topkitten Member Posts: 1,285 Pioneering
    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
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • shell73
    shell73 Member Posts: 56 Connected
    So it could take up to another year thank you for your help
  • shell73
    shell73 Member Posts: 56 Connected
    I have a date for novNovem can I take letter from gp with me or have I to post it 
    Ty 
  • poppy123456
    poppy123456 Member Posts: 31,369 Disability Gamechanger
    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
    shell73 Member Posts: 56 Connected
    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
    Ami2301 Member, Community Co-Production Group Posts: 7,945 Disability Gamechanger
    Congratulations on winning your appeal @shell73 :)
    Disability Gamechanger - 2019
  • 70keepgoing
    70keepgoing Member Posts: 12 Listener
    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
    70keepgoing Member Posts: 12 Listener
    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
    debbiedo49 Member Posts: 2,904 Disability Gamechanger
    Congratulations 
  • shell73
    shell73 Member Posts: 56 Connected
    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
    70keepgoing Member Posts: 12 Listener
    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
    Rickyboy123 Member Posts: 20 Listener
    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
    poppy123456 Member Posts: 31,369 Disability Gamechanger
    edited November 2018
    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
    poppy123456 Member Posts: 31,369 Disability Gamechanger
    @shell73 great news, well done!
  • shell73
    shell73 Member Posts: 56 Connected
    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
    70keepgoing Member Posts: 12 Listener
    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
    Peasmold_01 Member Posts: 144 Pioneering
    Operative word, POSSIBLY

Brightness

Complete our feedback form and tell us how we can make the community better.

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.