First Round to Me!

[neonlyte]

After eighteen months, the Tribunal has ruled I am entitled to receive benefits (medical and cash benefits) in the UK. If I'd lost, I'd might have had to re-pay tens of thousands of pounds in medical expenses.

To quote from the Decision issued yesterday:
'The Human Rights Act introduced the principle of right to a fair trial. The appellant has the right to see the full decision (of the Department of Work and Pensions) and that has been denied to him. There has been no due process of law by denying the appellant the right to see the full decision.'

The nub of the above is my application for benefits was denied citing that my Portuguese Social Security contributions could not be aggregated to receive benefits in the UK. The UK decision contradicted EU law applicable to all member states. However, the Department that made the decision refused to attend the Tribunal or submit legal argument to support their decision. It left me having to prove my case without knowing what Law I was appealing against. In December, the Judge ordered the Secretary of State to appear before the Tribunal held last week. He didn't turn up or submit legal argument, which left me, a very young solicitor, and the Tribunal Judge trying to wrestle with EU Law.

I'm afraid this might only be the first step, the Secretary of State can appeal against the Judges decision.

 

[Le Jacquelope]

After eighteen months, the Tribunal has ruled I am entitled to receive benefits (medical and cash benefits) in the UK. If I'd lost, I'd might have had to re-pay tens of thousands of pounds in medical expenses.

To quote from the Decision issued yesterday:
'The Human Rights Act introduced the principle of right to a fair trial. The appellant has the right to see the full decision (of the Department of Work and Pensions) and that has been denied to him. There has been no due process of law by denying the appellant the right to see the full decision.'

The nub of the above is my application for benefits was denied citing that my Portuguese Social Security contributions could not be aggregated to receive benefits in the UK. The UK decision contradicted EU law applicable to all member states. However, the Department that made the decision refused to attend the Tribunal or submit legal argument to support their decision. It left me having to prove my case without knowing what Law I was appealing against. In December, the Judge ordered the Secretary of State to appear before the Tribunal held last week. He didn't turn up or submit legal argument, which left me, a very young solicitor, and the Tribunal Judge trying to wrestle with EU Law.

I'm afraid this might only be the first step, the Secretary of State can appeal against the Judges decision.

Have you considered calling the media to draw attention to this? How do other UKers feel about hypothetical situations like this?

I'm not versed on EU politics but I wonder if this law is controversial or not.

In any case, let me be the first to say I hope you win out. Lots of other people's fates could be hanging on this.

 

[neonlyte]

Have you considered calling the media to draw attention to this? How do other UKers feel about hypothetical situations like this?

I'm not versed on EU politics but I wonder if this law is controversial or not.

In any case, let me be the first to say I hope you win out. Lots of other people's fates could be hanging on this.

Not the media, but we have contacted the Human Rights Commission in the UK, they are body that can take up the case.

The relevant EU law has been around since 1971, we dug out examples of European Court of Justice case law supporting my right to benefits. The Judge told us that the Secretary of State rarely attends Tribunals knowing he has a right of appeal if the decision goes against him. In my particular case, the Judge ordered him to appear and explain his legal argument, and his refusal is what breached my Human Rights.

The impression given by the Department is they expect people to recover their health and move on. We had to prepare 120 pages of evidence for the Appeal, if you've recovered your health and in employment, the probability is you are not going to waste your time on an appeal.

 

[rgraham666]

Great news, Will.

Don't ya just love bureaucrats in action?

 

[neonlyte]

Great news, Will.

Don't ya just love bureaucrats in action?

Thanks, Rob. It's mind boggling, an agency that is supposed to help people has completely lost direction.

 

[Guest]

Thanks, Rob. It's mind boggling, an agency that is supposed to help people has completely lost direction.

We've seen a lot of that in the U.S. lately.

But good news, Will!

And you're sounding much better these days.

 

[jomar]

Good opening round. Good luck, Will.

 

[DesertPirate]

Great news, Will.

Don't ya just love bureaucrats in action?

A bureaucrats job is to generate enough paper to justify his/her existance, if it actually helps someone they might get in trouble!


I know life would improve in the U. S. if we fired half of the bureaucrats and lawyers

 

[tickledkitty]

Good for you, Will. I wish you all the best.

 

[sophia jane]

Yay for you! If anyone deserves some good news, it's you. Much love to you!

 

[Belegon]

Our thoughts are with you, buddy!

 

[OhMissScarlett]

I'll be rooting for you. *hugs*

 

[sadangel]

I'll be rooting for you. *hugs*

Count me as another of many in your corner rooting for you!!

 

[lesbiaphrodite]

Congratulations and I hope things continue on a positive upswing.

 

[neonlyte]

Thank you all

I believe the crack on my head has brought me to my senses

 

[R. Richard]

Always good to see someone beat the beaurocrats! Keep up the good work.

 

[tickledkitty]

I keep reading this as "First Round on Me!"

 

[christabelll]

 

[MagicaPractica]

Congrats and good luck.