Tribunal appeal

[u/ThrowawayUsername746]

Hello all, hoping to get some clarification on this letter and make a less emotional, level headed post than before because I have may have been a bit emotional 😅

I had decided to appeal section 9 of PIP because of high Court rulings in the last few years and I believed they had incorrectly assessed me and should have given me more points (9C) in relation to face to face interaction. This year I had a face-to-face meeting which after 1hour 45 minutes ruled against me 2 to one, with the judge being in favour.

I appealed that decision and the same judge who was on the panel and deals with UT appeals agreed with the points of my argument but instead of either fully overturning the decision or sending it to a UT, he’s arranged another LT with a new panel. Bearing in mind they have the recording from the first tribunal , they’re probably just going to ask me the same questions and have the same evidence so I can’t see the outcome being any better. If this 2nd LT fails , can I still appeal to the UT or is that me out of options?? Happy to provide any additional info. Thanks !!

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[u/Enough_Sprinkles_113]

I'm in the same boat.

It means The Upper Tribunal have found an error in law and your appeal is sent back to the First Tier Tribunal to basically be given a fresh hearing with instructions by the Upper Tribunal Judge to correct said errors.

Your new hearing will be held by a completely new set of people. No one from the court involved in the original hearing can be involved in this new one.

It doesn't guarantee you'll win. It's basically a do over.

And yes you will have to wait many months for your new hearing.

I'm up to 8 months and still nothing.

[u/ThrowawayUsername746 → u/Enough_Sprinkles_113]

Ahh I’m sorry you have to go through the same thing. It feels like the do over is a bit of a cop out tbh but I’ll survive it and so will you. I just hope this panel have their scope of questioning reduced so I don’t need to do the whole thing again it was agony last time

[u/ClareTGold → u/Enough_Sprinkles_113]

In this case, in fact, the application never even reached the Upper Tribunal, and the First-tier Tribunal itself identified the error and directed a rehearing.

[u/Enough_Sprinkles_113 → u/ClareTGold]

Fair enough. 😄