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Past and Present upper tier Tribunal cases and details (lots of information available here)
melissahicking2019
Member Posts: 122 Courageous
After looking into Upper tier Tribunals i found a rather interesting link that would be of benefit for anybody whom wishes to educate themselves about errors of law and the legal requirements by DWP and 1st tier tribunal panels , Points descriptors in legal terms and upper tier tribunals in general.
I am sure these would of been pointed out by other people but i would also suggest that these be pinned where relevant.
They are available in dated versions of all upper case tribunals.
March 2014 - March 2015
https://www.disabilityrightsuk.org/selected-upper-tribunal-decisions-april-2014-march-2015
March 2016 - March 2017
https://www.disabilityrightsuk.org/selected-upper-tribunal-decisions-april-2016-march-2017
March 2018 - March 2019
https://www.disabilityrightsuk.org/selected-upper-tribunal-decisions-april-2018-march-2019
they are not limited to PIP either and include ESA , UNIVERSAL CREDIT and many more genres
I am surprised to see that when it comes to DWP vs lower tribunal that they are very few attempts from DWP over the past 3 years , Statistically (i personally doing the math) would average DWP's attempts to be around 4% of the available sittings and few win.
I am sure these link's will be of use to alot of people as they have certainly enlightened myself a great deal as to Errors of Law , descriptor criteria and legal requirements for descriptors.
Im sure this would be of great use for anybody making either PIP applications and or appeals
I personally found the following case to be of particular interest and relevant of many PIP / ESA claimants
Good luck.
I am sure these would of been pointed out by other people but i would also suggest that these be pinned where relevant.
They are available in dated versions of all upper case tribunals.
March 2014 - March 2015
https://www.disabilityrightsuk.org/selected-upper-tribunal-decisions-april-2014-march-2015
March 2016 - March 2017
https://www.disabilityrightsuk.org/selected-upper-tribunal-decisions-april-2016-march-2017
March 2018 - March 2019
https://www.disabilityrightsuk.org/selected-upper-tribunal-decisions-april-2018-march-2019
they are not limited to PIP either and include ESA , UNIVERSAL CREDIT and many more genres
I am surprised to see that when it comes to DWP vs lower tribunal that they are very few attempts from DWP over the past 3 years , Statistically (i personally doing the math) would average DWP's attempts to be around 4% of the available sittings and few win.
I am sure these link's will be of use to alot of people as they have certainly enlightened myself a great deal as to Errors of Law , descriptor criteria and legal requirements for descriptors.
Im sure this would be of great use for anybody making either PIP applications and or appeals
I personally found the following case to be of particular interest and relevant of many PIP / ESA claimants
CPIP/1055/2018:Tribunals must deal with evidence relating to ESA entitlement when used in support of a PIP appeal
Upper Tribunal Judge: Jacobs
This decision explains the proper approach for a tribunal when presented with evidence relating to a different benefit. In this case, ESA evidence was produced in support of a PIP appeal.
In considering this issue, Judge Jacobs says that It is important to distinguish (a) precedent, (b) evidence, (c) argument, (d) the proper role of the First-tier Tribunal, and (e) the tribunal’s written reasons: Read more...
Good luck.
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