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Withdrawing appeal after UT have remitted it to FTT
I think I have over thought this one and I would be grateful for some clarity!
Appellant was given ESA in the WRAG and his appeal to go to the SG was refused. He applied to the UT and was given leave to appeal on the grounds that the FTT didn’t address IM v SSWP properly. This was upheld and the case has been remitted back to a FFT for a fresh hearing.
If the appellant decides not to go ahead and withdraws the appeal does the original award of the WRAG remain safe?
Good morning,
I might be wrong, but is it not the case that the decision to refer back the matter for re-hearing mean that the decision to place appellant is a WRAG is now void and must be heard again? It is as though the WRAG decision never happened and the appeal will start afresh from the beginning and will consider the initial decision of the DM with all options open.
Some may disagree and I’d certainly be interested in hearing their opinion if they do.
Thank you.
Patrick
If the client withdraws their appeal it is the decision of the DM which stands.
As I understand the original post the decision of the DM was to put the client into the WRAG.
Well spotted, then that puts a difference perspective on it. The DM decision, I suppose, will stand then. Oh dear, it is early.
Thank you.
Patrick.
Well spotted, then that puts a difference perspective on it. The DM decision, I suppose, will stand then. Oh dear, it is early.
Thank you.
Patrick.
Thanks Patrick and Victor- I had originally thought, like Patrick, that the whole thing would have to be reheard- I didn’t even have the excuse that it was early in the morning!
Well spotted, then that puts a difference perspective on it. The DM decision, I suppose, will stand then. Oh dear, it is early.
Thank you.
Patrick.
Thanks Patrick and Victor- I had originally thought, like Patrick, that the whole thing would have to be reheard- I didn’t even have the excuse that it was early in the morning!
The new Tribunal will have the jurisdiction to find that your client does not have capability for work.
However, if the decision under appeal is that you client is in the WRAG and they withdraw the appeal then they will remain in the WRAG. Conversely, if your client was appealing no LCW and the FtT put them in the WRAG then having withdrawn teh appeal they’ll be back to no LCW.
If the appellant decides not to go ahead and withdraws the appeal does the original award of the WRAG remain safe?
Well, this is all assuming the respondent and FtT agree, both obviously having to give reasons? That is, taking into account the changes from August, and relevant effective dates, for the respondent?