What's the success rate for upper tribunal based on error in law? — Scope | Disability forum
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What's the success rate for upper tribunal based on error in law?

maysoncole
maysoncole Member Posts: 1 Listener
edited November 2021 in PIP, DLA, and AA
Hi can anyone help me plz my appeal was granted by upper tribunal for error in law findings .. I’m now just waiting on SoS response they are 1 month late with that also ( final stages of appeal been 18months ) what’s the success rate on this the UT found error in law & sent back to FTT eager to know if my sons appeal will be successful or not thanks 

Comments

  • poppy123456
    poppy123456 Member Posts: 25,533 Disability Gamechanger
    Hi,
    The error in law has been found and the UT have now returned it to the FTT which means it's no longer with UT. A different panel will now look at the claim. Success rate of FTT is about 70%, more if you get representation.
    No one here can tell you whether a decision will go in his favour because we don't know anything about his condition.
  • mikehughescq
    mikehughescq Member Posts: 8,228 Disability Gamechanger
    There is no published success rate for FTTs where the case has been returned from UT. It will turn entirely on the facts of the case. It would be useful to know whether you had a summary UT decision i.e. one where the SoS and UT agreed there was an error so simply agreed it should go back, or, one with a fuller explanation. Of the latter then reading that carefully will give big clues. A lot of times UT will find an unavoidable error of law but make it clear that they are doing so with reluctance because they see the claim as having little merit and so on.

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