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ESA tribunal refusal
- Helabob
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5 years 5 months ago #221884 by Helabob
ESA tribunal refusal was created by Helabob
Hallo, I'm new to this. My son has been refused ESA at the tribunal stage and this means he has to go straight back to work. He has had two brain injuries and has been unable to work for 2 years. Most of his problems are not visible physically but mental for instance he cannot travel alone or on public transport and has concetration issues and dizzyness etc.
Is there any other route I can take him? can he reapply for ESA ? or is he on the scrapheap. I am at my wits end
Is there any other route I can take him? can he reapply for ESA ? or is he on the scrapheap. I am at my wits end
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- Gordon
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5 years 5 months ago #221886 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA tribunal refusal
Rhody
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
I'm afraid your son's options are limited.
You can ask for a Statement of Reasons from the Judge in charge of his hearing
Tribunals – Requesting a Statement of Reasons
If you can show that there was an Error of Law in the making of the Decision then it may be possible to get a new hearing, although you will still need to deal with the issues that meant that the Tribunal found against him.
What is an Error of Law?
This is a long process, it could easily be a year before a new hearing is convened.
He can make a new claim for ESA but only if you can show that his existing conditions have deteriorated and that he would now reasonably receive an award or if he has a new condition, you will need new medical evidence to support the claim.
ESA has very specific criteria, do you know which of the ESA Descriptors that you expected him to meet? See our ESA Claim guides for more information.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
I'm afraid your son's options are limited.
You can ask for a Statement of Reasons from the Judge in charge of his hearing
Tribunals – Requesting a Statement of Reasons
If you can show that there was an Error of Law in the making of the Decision then it may be possible to get a new hearing, although you will still need to deal with the issues that meant that the Tribunal found against him.
What is an Error of Law?
This is a long process, it could easily be a year before a new hearing is convened.
He can make a new claim for ESA but only if you can show that his existing conditions have deteriorated and that he would now reasonably receive an award or if he has a new condition, you will need new medical evidence to support the claim.
ESA has very specific criteria, do you know which of the ESA Descriptors that you expected him to meet? See our ESA Claim guides for more information.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Helabob
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5 years 5 months ago #221890 by Helabob
Replied by Helabob on topic ESA tribunal refusal
Thank you .
Yes your site was really helpful.
The descriptors were , 11a, 14c, 15d,16a, 17a and 18d so we expected to get him into the support group but nothing.
Yes your site was really helpful.
The descriptors were , 11a, 14c, 15d,16a, 17a and 18d so we expected to get him into the support group but nothing.
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- Helabob
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5 years 5 months ago #221891 by Helabob
Replied by Helabob on topic ESA tribunal refusal
Oh and yes we've asked for the statement of reasons but not received yet and the financial pressure is just making things worse
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- Gordon
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5 years 5 months ago - 5 years 5 months ago #221893 by Gordon
These descriptors suggest quite significant problems, what evidence did you have in support of his problems?
Did he score any points at all?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA tribunal refusal
Rhody wrote: Thank you .
Yes your site was really helpful.
The descriptors were , 11a, 14c, 15d,16a, 17a and 18d so we expected to get him into the support group but nothing.
These descriptors suggest quite significant problems, what evidence did you have in support of his problems?
Did he score any points at all?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 5 months ago by Gordon.
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5 years 5 months ago #221894 by Gordon
I'm afraid ESA is not payable during an appeal to the UTT.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA tribunal refusal
Rhody wrote: Oh and yes we've asked for the statement of reasons but not received yet and the financial pressure is just making things worse
I'm afraid ESA is not payable during an appeal to the UTT.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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