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Appealing to Upper Tribunal after First Tier Decision - Drafting Reasons for lateness

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  • Appealing to Upper Tribunal after First Tier Decision - Drafting Reasons for lateness

    Hello

    Please advise how to formulate reasons for lateness to appeal to the Upper Tribunal after First Tier decision was received a few years ago. The First Tier hearing was decided upon paperwork only, both parties did not attend in person.

    There are compelling reasons and evidence for lateness to file, unsure how to list, what the length of the document should be, and general guidance as to the best format, information that should be added e.g. should a timeline of events be produced for clarity?

    After a MRN refusal to award PIP by DWP, an appeal was filed, followed by an offer by DWP. They then oddly included the previous decision from 2021 within the current appeal bundle.

    HMCTS have advised to post a letter or email reasons for lateness.

    Thank you
    Tags: None

  • #2
    You list the reasons, referring to any supporting evidence as necessary. A timeline may help.

    Sorry, but you have given next to nothing to go on.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      You list the reasons, referring to any supporting evidence as necessary. A timeline may help.

      Sorry, but you have given next to nothing to go on.
      Unsure what other information is needed? I provided outline generally, the DWP are awarding in favour now, yet did not do so a few years ago, neither did the First Tier Tribunal.

      Comment


      • #4
        Unsure what other information you have.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          I do not know whether your expertise is in the area of social, welfare benefits.

          MRN- Mandatory Reconsideration Notice declined awarding benefit in Aug, 2024.

          Appeal was filed, DWP decided to offer an award in favour of case now, yet did not do so a few years ago, neither did the First Tier Tribunal back in 2021.

          Therefore, medical history was same, but now more additional evidence and conditions.

          Hence why First Tier Tribunal decision is unjust in 2021, in view of the evidence provided at the time of the application, that was also included this time around in 2024.

          Comment

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