Letter samples for leave to appeal to Commissioner

rbz

Anyone know good samples how to write a letter for leave to appeal to the Social Security Commissioner (PIP claim).
Thanks.

janer1967

Hello, I am sorry I don't have any examples but I am sure other members may be able to advise, maybe @mikehughescq can help. I hope you manage to find what you are looking for 

mikehughescq

No such thing I’m afraid. You need the relevant form - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/689174/ut2-eng.doc - but whatever errors of law are identified will be specific to the facts of your case so the wording will be different every time. 

chiarieds

I don't know if it might help, but there's some info in the following link, together with guidance as to how to complete the form. See: https://www.justice-ni.gov.uk/articles/office-social-security-commissioners-and-child-support-commissioners

rbz

Thanks for response.
Try read and complete form why I not happy with Tribunal Decision.
In my case Tribunal decision based on incorrect PIP Assessment Report.
Tribunal repeated all mistakes from PIP Assessment report (wear 2 hearing aid, but my medical records clearly states - I wear only one hearing aid, Tribunal states my back have problem, but no compression on nerve, but medical records clearly states - there compression to nerves and many other inconsistent with my medical records, seems Tribunal not read my medical records at all.).

mikehughescq

Ah yes. I recall now. This was exhausted to some extent on another thread. The things you describe are errors of fact not errors of law. There are essentially 5 errors of law. You need to put your specific concerns to one side and seek expert advice on whether the statement of reasons and record of proceedings contain an error of law. They usually do but you need to know the errors in the first place in order to identify them.

To be clear:

- it’s your view that the HCP report contained inaccuracies. The fact that the tribunal came to a similar conclusion does not automatically mean the decision was based on that. It could be based on how you presented on the day.

- how many hearing aids you wear is an error of fact. How specifically did that conclusion impact how many points you scored and on which activities? An error of fact does not automatically lead to an error of law.

- similarly with nerve compression. The tribunal could simply be concluding that regardless of whether you have nerve compression or not you back issues are insufficient to score points.