Short form decisions

[googlybear]

Are they a good thing?

 

I've been granted leave to appeal to the Upper Tier Tribunal, by the Upper Tier Tribunal after first being refused leave by a district judge...

[honeybee13]

Hello there. Have you posted about this before? It would be interesting to know the history of your case.

 

HB

[googlybear]

Long story...

Shafted by Atos nurse during claim for ESA (migration from IB), shafted again by tribunal judge.

 

I suffer serious back injury, affects lower, mid and upper back as well as neck and shoulders. Also suffer Hidradenitis Suppurativa (stage III), hearing impaired, PTSD, and likely Crohn's or Coeliac..

 

Atos assessment was, well, we all know what they're like.

Tribunal was a disgrace, credibility attacked from the outset without the chance to respond until an hour later by which time my head was mince. Interrupted 31 times by judge or doctor, my rep was shouted down when he tried to stick up for me (i do have a recording).

 

I complained to head judge about tribunal judge, she made some concessions but none meaningful. Head judge described tribunal judge as "less enabling than other judges" (understatement of the year).

 

I appealed on a point of law, district judge refused leave to appeal to UTT. Appealed without leave, UTT has now granted me leave to appeal, with a "short form decision" option. This gives a decision without giving reasons for that decision.

 

The question i am asking is would that be a good thing?

I feel i've already contributed all i can, although i'd be quite happy to answer any specific questions any panel might have.

 

Just getting out at all is often difficult, if not impossible... on the day of the tribunal i had multiple abscesses, one the size of a marble between my scrotum and anus, making sitting at all difficult.

 

TIA

Edited January 21, 2014 by googlybear

[45002]

Can't really help you but

 

Good to hear your sticking to your guns

 

Good luck ....

 

PS,If CAG user Starryeyes52, Margaret sees this thread

 

she may be able to advise you further on upper tier tribunal appeals !

Edited January 21, 2014 by 45002

[estellyn]

A short form decision basically means that you get just a basic explanation of whatever decision the upper tribunal makes - in this case, it would most likely be to either be to agree to set aside and a new first tier hearing, or uphold the first tier decision. A short decision will likely be the quicker option.

 

 

Less likely is the UTT deciding an award themselves, but in my experience this is quite rare.

 

 

Rarer still is an oral hearing.

 

 

Please get experienced representation to help you in this.

[**Margaret**]

:googlybear:

 

Glad :estellyn: got to this first cos I've no 'hands on' experience of appeals to an upper tier tribunal. Which for most appellants needs professional help and representation and, for eligible appellants, legal aid is still available.

 

The upper judge who allowed the appeal has conceded the possibility of an error of law, but it's taken six months to get leave to appeal. And it could take another six, or longer, to get the further appeal decided whatever the length of the decision notice. There's no assessment rate employment n support pending an appeal to the upper tier. But the sooner there's a decision, the sooner your case can be remitted back to the first tier for re-hearing, and subject to Med 3 (unfit) notes assessment rate employment n support can be reinstated. Or you'll know that you've to reclaim if the decision goes against you and there's no alternative to another turn on the misery-go-round.

 

Now I don't know for sure, but I'm guessing that no statement of reasons means no further appeal if the judgement goes against you. Realistically (even if there's an occupational pension and transitional additions at stake) could you cope with further appeal to the higher courts in Scotland anyway? As :estellyn:'s already advised, these issues need to be discussed with an experienced benefits solicitor or welfare rights adviser.

 

Best wishes, Margaret.

Edited January 21, 2014 by **Margaret**

[googlybear]

Thanks folks, the form is already away, i just wondered if i'd done the right thing...

[RaeUK]

I'm afraid I can't advise at all, googly, but just wanted to wish you all the best.

[googlybear]

Cheers Rae

Is your's still ongoing?

[RaeUK]

Nope. The good news was I finally got placed straight into the Support Group for three years. An 'overnight' success!

[googlybear]

Finally, Rae. Good on you