Dilys

I hope you will understand that I am limited in what I can advise within the confines of the forum, seeing only what you post, these are really matters that you should be discussing with your representative.

If you are denied a Set Aside, then appealing to the Upper Tribunal may be an option, but I can't make a definitive statement regarding this.

I would remind you to consider making a new claim for the benefit in question (ESA?), this can run in parallel to any further appeal you may be considering. Appealing to the Upper Tribunal can take some time, maybe as long as a year, and you will not normally be eligible for any payments while you do so.

Gordon

Hello
Just wanted to thank you for the advice, I have been given the opportunity for my previous decision to be set aside in order that a District Judge may take a look at my Evidence that was not submitted, does that mean I have to attend another Tribunal Hearing?

Yes, you will have to attend a 'reconstituted' tribunal which will not normally involve members of the original tribunal.

The set aside decision effectively nullifies the decision of the original tribunal, which means that the new tribunal will consider your case afresh without any reference to the decision of the original tribunal, which to all intents and purposes does not exist.