Jump to content

Need help with higher tribunural appeal

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4978 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts



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?

Link to post
Share on other sites

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

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.



Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)





Link to post
Share on other sites

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?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...