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Need help with higher tribunural appeal


maestro451
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Hello

 

I need some help appealing to the higher tribunral for my incapacity benefit appeal.

 

Basically in August 09 I falied the medical 0 points given

In June 2010 I went to tribunarl and was awarded 9 points for Physical and 5 points for mental

 

I asked for a statement of reasons which came through today and im really not happy with it, there is no detail at all, it basically says we awarded him 9 points physical and then lists the mental health factors I was given, followed by ' we did not consider any other decsiptors likely' even though we discussed 2-3 other descriptors at the time, they gave no reasons as to why I wasnt given them.

 

I wasnt given a point for 'feeling panicky' even though I had a letter from my GP saying I suffered from extreme anxiety and we discussed my panick attacks at the meeting and they seemed in agreement

 

I Know I need to appeal on strictly on their beign an error in law so I need to find out all the information I can, Is there a site where I can read and search for previous commisioners decsions?

 

Ive found the following site http://lawcentreni.org/social-security-decisions/index/incapacity-benefit.html which lists one case C30/99(IB)

Failure to give adequate reasons re mental health descriptor but I cant find that case at all?

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That site is Northern Ireland, so it may be a Northern Ireland Comissioner decision they are referring to. I cannot locate it on either the NI search or the uk search.

 

To search for UtT decisions in the UK click here

 

To search for decisions made by the Northern Ireland Comissioners, click here

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The statement of reasons should explain what evidence was considered (and preferred), what facts were made out from that evidence and what law was applied. The statement does not have to run to pages and pages but must give sufficient reasons to show the Tribunal considered all matters and how they weighed the evidence. A list of findings and facts is simply not enough. You do not need a representative to appeal to the Upper Tribunal and you do not need to have any knowledge of case law but you can only appeal on an error of law not on the facts but strangely insufficient findings of fact can be an error in law. Confused?

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