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Thread: pip upper tribunal

  1. #1

    Question pip upper tribunal

    cutting a long story short. we had to appeal to upper tribunal due to bad pip tribunal. the upper tribunal granted leave to appeal due to first tier tribunal having erred in law, Now the dwp agree that the first tier tribunal have erred in law. what does that mean for us? can the upper tribunal judge rule in our favor on the points we should have received? also if we have to go through another first tier tribunal assessment will they go through every thing or on the parts that they have not given points for?

  2. #2
    Senior Member nukecad's Avatar
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    The most usual outcome is that the UT direct that a new FTT be held, from scratch, with a different judge/panel.

    In that case though they will usually direct certain conditions that the FTT must adhere to, so as to make sure they get the law right.
    They will often also direct that certain correct findings from the flawed FTT are not changed.

    But sometimes the UT will make a ruling themselves.
    Usually that is because a UT ruling can be used as 'case law' in future FTT and UT decisions.
    Which means that their ruling can then be used to stop future tribunals making the same mistakes.

    Best of luck with the UT.
    It would be interesting if you let us know how they rule.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #3
    i will gladly keep you updated on this matter as this has been going on for 18 months now. i have a solicitor doing this for me. i hope ut will make a decision rather than another fft but i guess it will be another fft. my solicitor was shocked that it had to go this far as our case was solid and the fft ignored all the facts and took side of the dwp .

  4. #4
    well everything is over now hopefully, had to attend yesterday to fft, but was shocked to hear that a dwp rep turned up to the tribunal . if i thought the original pip assessor was bad ( due to lies on report). the dwp rep lied on saying that he saw us getting out of a taxi there. when in fact our son dropped us off. he lied by saying there was a taxi plate on the back of the car. he said car was dark colour. but when we told him that our son isnt a taxi driver and works as a delivery driver , we also asked him what taxi firm was it ( no reply). we said that we could give him the reg of the car to prove that it wasnt a taxi. also tried to say i was a chef because i do most of cooking in house. we went from standard rate care to enhanced care . plus from no mobility to enhanced mobility for 5 years. we never seen the dwp rep leave the building so quick !!!! our mobility award was based on upper tribunal RJ V SSWP (2017) AACR32 .

  5. #5
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    Hello instanbul

    Congratulations.

    How shocking to cross examined about your mode of transport to the tribunal, I wonder why the DWP rep thought this would be at all appropriate.

    Obviously this didn't impress the panel, given your good award.

  6. #6
    thanks buble48. i was wondering how the hell he was expecting us to arrive lol. i didnt realise till today after googling that they are trying everything to stop people getting full pip if they think that the tribunal would award it. it beggars believe how much time and money they are wasting doing this. if the assessor had done their job properly in the first place none of this would have happened

  7. #7
    Senior Member nukecad's Avatar
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    Good to hear you got a favourable result Istanbul, thanks for letting us know how it went.

    The DWP 'Presenting Officers' are not very well regarded, either by the courts or by claimants and their advisors.
    They have recruited quite a lot of them in the last year so they are showing up more in court, especially if it gets to the UT.

    They tend to be clueless, quote DWP/government dogma instead of the actual law, and get ripped to pieces by the judges.
    They mostly seem to be wannabe barristers, try to act like they have seen on TV trials, and judges don't like them taking the pee like that.
    (There are a few laughable stories about some of their antics on rightsnet).

    You must to be desperate to take a job like that.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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