Hi

I have a client (who is prominently being dealt with by another agency) whose representative wrote to the first tier over an unsuccessful Incapacity Benefit appeal asking to appeal to the upper chamber over an error of law. This request was refused. The judge making the decision was the same person as whom had sat on the original tribunal. Is this legal?

I am aware that the client has the option of appealing to the upper chamber directly.

Thanks

Yes, it is.

My experience of appeals to the Commissioners/Upper Tribunal tells me
that obtaining or being refused permission to appeal is more or less meaningless, anyway. Being given leave makes it no more likely that you'll succeed at the further appeal and being refused is no indicator that you'll lose at Upper Tribunal. If the arguments about the first tribunal's error(s) of law have merit, you'll succeed anyway. In fact, in all but one of the appeals where I've succeeded at Commissioners/Upper Tribunal, leave to appeal was refused in the first instance.

Thanks very much for your comprehensive and quick response.

I've also found it to be the case that leave is refused at the first instance in all but rare exceptions. Unsurprising really, since your asking a tribunal to agree that thier own decision is wrong!

but at least it's better than the DWP complaints procedure where you have to go through this wasteful process three times before you can get anyone with any sense to look at things.

Thanks for your help Tony Bowman.