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Upper Tribunal Experience

Savscarlet
Savscarlet Member Posts: 1 Listener
in PIP, DLA, and AA
Hi there, 
Who’s case has ever been taken to upper tribunal? How does the process work and are they usually successful, I’m in the process of my case being taken to upper tribunal because I found so many errors?
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  • Cher_Inactive
    Cher_Inactive Posts: 4,412

    Scope community team
    Hi @savsscarlet

    The Scope website has information about further appeal to the upper tribunal that I hope might be of help.  At the bottom of that webpage there is also a link to related discussion on our community.  

    As an aside, I'd be interested to know if others have ever taken their case to the upper tribunal too.  If you have, or know anyone who has, please let us know how you got on.

    Good luck with your case!
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  • chiarieds
    chiarieds Community Co-Production Group Posts: 12,270 Disability Gamechanger
    Hi @Savscarlet - & welcome to the community. I'm sorry I don't have an answer to your query, but would like to ask have you found errors in the law as relates to your case?
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  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    @Cher_Scope you maybe need to check the accuracy of your links. There are 5 errors of law. They do not include and never have included “The tribunal gave an unfavourable decision after a physical examination.” as cited in that link. I’m happy to go on record and say that is 100% inaccurate.

    The 5 are not difficult to find as it’s near impossible fur a tribunal to avoid making a decision without an error but you need to know what you’re looking for in the first place. The process of his you appeal to UT can be found on lots of sites so I won’t bother repeating that here. As regards the success rate there is nothing meaningful to be said. If an error of law can be found you will win. If not then you will not. However a “win” can be one of several types. The UT can for example decide that there was an error of law but that it made no difference to the outcome of the FTT and therefore the original decision stands. You have won but you have won nothing. 
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  • Cher_Inactive
    Cher_Inactive Posts: 4,412

    Scope community team
    @mikehughescq Ah, thank you for making me aware of that Mike, I'll pass the feedback on and get the information looked at by the Scope team.  
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  • janer1967
    janer1967 Member Posts: 15,260 Disability Gamechanger
    I would also be interested in hearing more from people that have been to upper tribunal just for my own curiosity
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  • nanda
    nanda Member Posts: 4 Listener
    I have been waiting for nearly a year and DWP stop my payment until the case is over 
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  • janer1967
    janer1967 Member Posts: 15,260 Disability Gamechanger
    @nanda sorry to hear that but if you have no award then your money will have stopped 

    If you are successful at tribunal it will be bsckpaid to when it stopped 
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  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,557 Disability Gamechanger
    Hi @Savscarlet, just wanted to check in to see how you are doing. :)
    Scope

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