PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.
Concerned about another member's safety or wellbeing? Find out how to let us know.

Upper Tribunal - next stage of the journey

cat_hugcat_hug Member Posts: 143 Pioneering
Hi everyone,
Following a refusal for leave to appeal UT by the FTT, the deadline for submitting my request to the Upper Tribunal directly, has been submitted.

As time was marching on, things became more frought, when I found out WRU were unable to help me beyond FTT. They cannot offer representation anyway, but they have been good in their advice/support thus far.

Then I ended up in hospital with a severe kidney infection and sepsis and could barely stay conscious, let alone deal with anything as complex and as stressful as trying to get permission for leave to appeal UT.

Usually, all the paperwork is submitted old school and by Royal Mail, but given the circumstances, I knew Id miss thr deadline if I didnthings via conventional route, even tracked and posted special delivery.

Managed to gey all the correct forms, docs etc scanned onto laptop and simply printed off the page requjring signature, rescanned it into the laptop, along with evidentiary letter proving id been admitted as in patient with pyleonephritis/sepsis, sent in the original coly of refusal of my appeal for Pip, Statement of reasons from ftt and coly of their refusal for permission of leave appeal UT.

All this sent to UT didect, electronically, explaining reasons why I was unable send via post.

As Mike Hughes suggested, there was little need to rewrite the reaspns requesting leave to appeal to UT, other than to add a cover letter explaing why I was unable to physically post the docs and medical evidence supporting tbe fact Id been admitted to hospital.

I do have ihe reassurance fro? WRU, along with two of their most senior advisors, that they agree my appeal should not have been denied at FTT. They further agrred with the assertion of an error in law, also that the FTT failed to give adequate reason as to why they refused my request for leave to appeal UT.

Their responsr was pretty much, just because the appellant disagrees with the tribunal,s decision, doesnt mean that an error in law occurred at FTT.

Whilst that may be true, it also does not address the 'error in law' that I believe the FTT made with regards to my appeal. In fact, their refusal of my request for leave, makes no mention at all, of the errors in law that I believe were made. Nor does it address any of the other issues mentioned as to why I believe there was a breach of natural justice, evidence not taken into consideration, my witness (son) not being allowed to give his oral evidrnce as a witness, st the end of my hearing as promised.

Based on these points and the fact WRU told me they only offer their help (but not representation) on cases they believe have merit or that they can win, I am cautioisly optimistic that the UT will be my saving grace.

It was heartening to learn that the person who had advised me through the FTT, double checked with her boss and her bosses boss, that the perceived errors in laws made in my my hearing, were all unanimously agrred upon by three levels of WRights experts.

The woman who had advised me throigh FTT was going away on leave from Friday and during my my deadline time and beyond, as such, advised abouy sending docs electronically.

Its now quite literally in the hands of the gods and all I can do, is hope fervently, that the UT will see the points Ive been trying to get them to see. Also that they will see what to me, look like glaringly obviois errors and put this right asap.

Mike. Can you think of anything that I mightve forgotten or shouldve mentioned/said? Anything Ive potentialli missed?

Am I right in thinking that an UT has the power to amend the decision to that which he believes the FTT should have made? (I mean without having to go through thr whole rigmarole of sending bk to new FTT?

Obviously this would be the best possible outcome If it is in fact a possibility for a UT judge to do?

Or would he still have to say yes (or no) to my request to ask leave to appeal? Then either amend the decision to what the ftt judge have, sset aside the decision, or continue on with permission granted (or refused if he believes thede was no edror in law?

Many thanks once again in advance and patience if youve managed to get this far snd sre still. Rrading my message.

Thanks again for any insights, opinions, advice etc 

Enjoy the rest of the weyk-end,

Cat xx


Replies

  • atlas47atlas47 Member Posts: 241 Pioneering
    Hi @cat_hug

    Not sure if you are aware, but you need to @mikehughescq, which will send a ping to Mike.

    I note from your other threads, Mike has been giving brilliant insights on how to deal with UT.

    Keep going.

    Best wishes
  • mikehughescqmikehughescq Member Posts: 7,198 Disability Gamechanger
    Blimey. You’ve been through the mill AGAIN @cat_hug. Good to have you back even if presumably not in one piece yet. My level of paranoia at present is such that after I’d posted about your rep not doing UTs I kinda assumed you’d taken offence and taken your bat home so I’m glad it wasn’t me even if it was appalling ill health. 

    Sounds to me like all is good. Nothing extra to be done. Main thing, as I’ve been emphasising on another thread this weekend to no avail, is to get the UT1 in. It doesn’t need anything with it as evidence is about facts whereas UT is about errors of law. 

    One thing to say before moving on. When you apply for leave at regional level it is very rare indeed to get a full or detailed explanation of why leave has been refused. So, the lack of an explanation is nothing to be worried about. I kind of wish they’d just write “we can’t be arsed looking at it properly” as that would be closer to the truth than so,e of their attempts to justify refusals. 

    The UT have multiple choices as follows:

    - refuse leave to appeal, which pretty much ends the matter unless you fancy a judicial review.

    Find an error of law and then
    - make the decision the FTT ought to have made, but bear in mind that doesn’t have to be a positive decision. It could still go either way.
    - decide it makes no material difference and maintain the original decision.
    - return the matter to FTT with or without directions. The FTT do not have to follow those directions and often don’t. 

    So, yes, they could replace the FTT decision with one of their own but that is usually not their preferred route. Where there is an error the most likely outcome is back to FTT. It really depends on what the error law was and what’s at stake. So of the matter hinges on one descriptor they might award that and that night change the PIP award. Where multiple descriptors are at stale then realistically you’re back off to FTT.
  • cat_hugcat_hug Member Posts: 143 Pioneering
    Mike, hi,
    Bless you, how could anyone take their bay and ball home where you're concerned? All you do is give honest and pragmatic answers to questions. Your advice has been and always is, invaluable.

    If you knew me personally, you'd know I'd never sulk just because I didnt like the possible outcome of some question Ive asked that you've afforded the time and courtesy of replying to. That would be just plain rude and churlish and that's just not me.

    If I ever go 'incommunicado' suddenly without explanation, its likely to be for a reason that literally prevents me from communicating... such as landing up in hospital with something that,s completely floored me...or an emergency with my daughter (who has difficulties with anxiety and bi-polar, my son also was dagnosed with juvenile onset epilepsy which has been worrying in the past due to grand msl seizures)

    Honestly, if I felt 'aggrieved, offended' by something you had said in response to an issue I'd asked advice for, I'd first make sure I'd not misinterpred or misunderstood the context.

    The only time I get genuinely **** off at somebody, is if theyre being rude, or unkind to others or unjust in some way; but absolutely never for trying to help /advise me about a query Ive made. So sorry if I inadvertantly caused any doubt or confusion due to not being around.

    For future ref, would never react that way and instead, I'd probably opt for communicating and trying to resolve any perceived discourse. Hey, its actually a compliment to have my absence noticed in all honesty. Never expect to be conspicuous, especially in my absence. So, once again, thank you and please know that your insights are always valued and appreciated. Hope you're keeping well and same too for everyone here? Good to be back.

    Ps excuse typos and mispellings, as eyesight has been bit fuzzy and co-ordination off kilter of late.

    Thanks again Mike.
    Hugs and best wishes.

    CatX
Sign in or join us to comment.