Having problems appealing to the upper tribunal!

yanni

Please can @Username_removed @BenefitsTrainingCo or anyone else help with this?

In Nov 2018, I received a statement of reasons which made no mention of the washing and bathing activity which was discussed at the tribunal so I sent an email to the administrative support explaining this, referencing all the times that I had mentioned this activity in the PIP2 form and the appeal papers and asking how this could be resolved.

Additionally I asked if the statement of reasons could be amended as I didn’t feel that one of the points was accurate but this was for the verbal communication activity.

I received no response from this email or later requests for the records of proceedings so in February 2019 I sent a formal letter headed ‘Application to appeal to the upper tribunal’ in which I explained that I felt there had been an error of law with activity 4 as the tribunal had given inadequate reasons (in fact no reasons) for their decision. The tribunal service have confirmed they are in receipt of this letter.

Yesterday I received a direction notice referring to the above Nov 2018 email stating that it was not appropriate to amend the statement of reasons then, confusingly, giving me a month to “seek permission to appeal”.

There is no mention in this direction notice of the formal letter or activity 4. It just says about  amending the statement of reasons, the email and that the email may be treated as an application for permission to appeal.

I spent a frustrating 40 minutes on the phone today to the administrative support centre with their administrator insisting that if I was unhappy with the decision I needed to put in writing.

No matter how many times I said that I hadn’t had a decision just a direction notice I got nowhere.

To appeal to the upper tribunal, I understood that  - in simple terms - I needed to write to the FTT (admin support centre) explaining why I felt that there had been an error of law and an FTT judge would look at the original decision and either explain their reasoning for activity 4, amend their decision or refuse to amend their decision and give permission (or not) to appeal to the Upper Tribunal. Have I got this wrong?

Without a decision notice I can’t apply to the upper tribunal and I don’t really know what to do now.

It seems that an email I sent to the administrative support centre asking some questions has somehow became an application to appeal to the UT whilst the letter that was the application has been ignored. 

Today I was told that the judge had seen the letter but I find it difficult to believe that she would make no reference to the letter and  completely ignore both the arguments in the letter if this was true.

Also if she made a decision why have I been sent a direction notice not a decision letter?

And if I follow the directions on the direction notice, who am I meant to request permission to appeal from – the FTT or the UT?

I am going to try CAB tomorrow but they are the only potential advisors in my area.

Any help appreciated.

cristobal

@yanni - I think you might best seeing a solicitor for legal advice.

CAB won't be able to advise on this - it's too complex...

April2018mom

Please ask a lawyer for advice. This is a complex issue. This is beyond what CAB can do.