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error of law

Hi, my daughter has just received her statement of reasons from her PIP Tribunal. It was very upsetting reading what the judge had to say, according to the judge my daughter exaggerates and lacks creditability. There has been assumptions made in the statement, i.e- due to my daughters illness/disability i would often drive her to university, this helped with the fatigue and pain control, the judge has stated that the tribunal found that this was dictated by choice and/or need for me to be able to use the car as i car share with my daughter. This is not the case at all and none of this was said to the tribunal, we have our own cars we do not share. They stated they could only consider the circumstances obtaining as at the date of the decision appealed against (17/04/2019) and not how she was at the time of the tribunal hearing, the hearing was June 2020, if that is the case then should they have took into consideration the fact that we took my daughter on holiday in November 2019 and also should they have considered the new job she started in December 2019?. They are refusing her PIP because there saying she must be very intellectual because she attended university and is able to work part time. We are going to see about appealing to the upper tribunal, but im unsure if there is any error of Law, any advice would be greatly appreciated
Many thanks
Many thanks
Replies
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1 - most decisions will have an error of law within them. It’s hard not to make one. That doesn’t mean you should proceed though. There’s no point in going to UT in order to get a fresh hearing at FTT if it has no chance of winning. So, you don’t just need a rep to identify an error of law. You need a basic assessment of the merits of the claim. For similar reasons, don’t even think about a further claim until an assessment of merit has taken place.
4 - If you’re going to seek advice about an error of law then that’s what you need to do. A forum will not help you. We would need sight of the bundle and at least an hours worth of interview time to do that. Get professional advice. At this point there is no sensible alternative to that.
6 - The accusation around exaggerating and lacking credibility is one to take very seriously indeed and should give much pause for thought. Many tribunals put this out there as a conclusion in ridiculous circumstances and an error of law follows - usually around insufficient findings of fact or findings of fact for which no evidence exists.
Han
Han