ESA

OK thank you Bro58. I was found fit for work as I scored 6 points so I am intending to appeal that I am not fit for work.

Michelle wrote: OK thank you Bro58. I was found fit for work as I scored 6 points so I am intending to appeal that I am not fit for work.

Hi M,

Sorry, that will teach me not to read all previous posts !!

I read your comment : Here. and assumed that you were appealing WRAG to SG.

In that case, you may wish to write to The Tribunal, and query why they are staying your appeal, when you are appealing a fit for work decision.

You are only looking to The Tribunal to initially find that you have Limited Capability for Work (LCW = Entry to WRAG)

They cannot even find that you also have Limited Capability for Work Related Activity (LCWRA = Entry to The SG) until it has been determined that you first have LCW.

Besides, the IM v S of S ruling that is being cited was with particular reference to ESA Reg 35.

You may wish to try and gain advice on this :

Where to get advice

Your only other option is to accept the "stay" in which case it may take some considerable time for your appeal to be heard.

bro58

The rest of the letter says.

2. It is neither practicable nor in the interests of justice to decide which of those courses of action is correct until a tribunal has investigated the merits of this appeal in detail.

3. Accordingly, the tribunal directs that the appeal be listed as normal for oral hearing or determination on the papers (depending on the wished of the parties). The tribunal charged with determining the appeal will be required as part of its determination to decide whether course (a) or course (b) is to be followed.

A party is entitled to challenge any direction given by applying for another direction which amends, suspends or sets aside the first direction.

Michelle wrote: The rest of the letter says.

2. It is neither practicable nor in the interests of justice to decide which of those courses of action is correct until a tribunal has investigated the merits of this appeal in detail.

3. Accordingly, the tribunal directs that the appeal be listed as normal for oral hearing or determination on the papers (depending on the wished of the parties). The tribunal charged with determining the appeal will be required as part of its determination to decide whether course (a) or course (b) is to be followed.

A party is entitled to challenge any direction given by applying for another direction which amends, suspends or sets aside the first direction.

Hi M,

"2. It is neither practicable nor in the interests of justice to decide which of those courses of action is correct until a tribunal has investigated the merits of this appeal in detail."

So they are saying here that they will not decide to stay or not until they have looked at the individual merits of your appeal.

"3. Accordingly, the tribunal directs that the appeal be listed as normal for oral hearing or determination on the papers (depending on the wished of the parties). The tribunal charged with determining the appeal will be required as part of its determination to decide whether course (a) or course (b) is to be followed."

They will decide whether to stay or to make a decision on your appeal at an oral hearing or paper hearing. (Whichever type of hearing you have opted for.)

You may wish to contact The Clerk to The Tribunal to clarify this.

Their telephone/e-mail contact details should be on the Tribunal's Direction Notice letter.

bro58

Yes I will phone them tomorrow. Thank you bro58.

Michelle wrote: Yes I will phone them tomorrow. Thank you bro58.

Please let us know how things pan out M !!

bro58