ESA Appeal

I have been Placed in ESA group and found Not Entitled to ESA support group (please note i was in a ESA support group just prior to this Medical), I did appeal and was unsuccessful, i sent the second appeal off and again was unsuccessful, i have in front of me now the appeal decision from the "first tier Tribunal" stating that i was unsuccessful in my appeal as " This is because no descriptor from schedule 3 of the ESA regulations 2008 applied". and have been told that if i want to appeal again (which i do) QUOTE---> "if i think the Tribunal has made an error of Law,you may apply for permission to appeal to the Upper Tribunal against the decision. and then it continues and gives's me examples of "error in Law meanings".. i.e. The tribunal applied the Law Incorrectly. The Tribunal conducted the proceedings in breach of the proper procedures, or that they failed to give adequate reasons for its decision.

I am at my wits end and the stress of all this is enough to drive a person to extremes. i have no idea about the Laws and have lost faith in Fairness within the system

I suffer with Agoraphobia, and also Physical Disabilities which limits my walking and daily life living, i get help from family members who do not claim anything for helping me, i do not claim DLA or any other benefits. Yet when i read over the appeals dossier (from ATOS) received they make very little reference to my condition, they seem to be more concerned about how i dressed, the way i spoke, even a reference about my hair was tidy 0.o anyway i have to appeal but i'm unsure how to word the Permission letter as i am unversed with the law.
Thankyou for Reading.

worriedalone wrote: I have been Placed in ESA group and found Not Entitled to ESA support group (please note i was in a ESA support group just prior to this Medical), I did appeal and was unsuccessful, i sent the second appeal off and again was unsuccessful, i have in front of me now the appeal decision from the "first tier Tribunal" stating that i was unsuccessful in my appeal as " This is because no descriptor from schedule 3 of the ESA regulations 2008 applied". and have been told that if i want to appeal again (which i do) QUOTE---> "if i think the Tribunal has made an error of Law,you may apply for permission to appeal to the Upper Tribunal against the decision. and then it continues and gives's me examples of "error in Law meanings".. i.e. The tribunal applied the Law Incorrectly. The Tribunal conducted the proceedings in breach of the proper procedures, or that they failed to give adequate reasons for its decision.

I am at my wits end and the stress of all this is enough to drive a person to extremes. i have no idea about the Laws and have lost faith in Fairness within the system

I suffer with Agoraphobia, and also Physical Disabilities which limits my walking and daily life living, i get help from family members who do not claim anything for helping me, i do not claim DLA or any other benefits. Yet when i read over the appeals dossier (from ATOS) received they make very little reference to my condition, they seem to be more concerned about how i dressed, the way i spoke, even a reference about my hair was tidy 0.o anyway i have to appeal but i'm unsure how to word the Permission letter as i am unversed with the law.
Thankyou for Reading.

Hi wa,

I am sorry to hear that your appeal was unsuccessful.

You can appeal to The Upper Tier, if the First Tier have erred in law in coming to their decision :

You would first have to request a Statement of Reasons within one month of the date of the Decision Notice letter, (it appears that you have already done this ) and you may need professional advice.

An error of law can include the following :

Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to the appellant, failure to explain why they’ve relied on any material evidence against the appellant, particularly where that evidence was put at issue by the claimant, complete mishandling of relevant evidence or applying the law incorrectly, etc.

Legal Aid is still available for appeals to The UT, see :

What is an Error of Law?

Tribunals – Requesting a Statement of Reasons

Appealing to The Upper Tier, DR UK Factsheet

&

Where to get advice?

bro58

Hi wa,

The Tribunal are stating here :

" This is because no descriptor from schedule 3 of the ESA regulations 2008 applied"

That you do not qualify for The SG, as you do not fulfill any of The SG qualifying descriptors :

ESA SG (LCWRA)Schedule 3 Descriptors

Or, depending on the date of the original adverse WRAG decision, if it was prior to 28/01/13 :

”Old” 2011 ESA SG (LCWRA) Schedule 3 Descriptors

This is a generic statement that is commonly used.

bro58

Hi wa,

When you contact the TS, you may wish to query why they are citing Schedule 3 of the ESA regulations 2008, which were the original SG (LCWRA) Descriptors, when said Descriptors have been amended twice since that time.

The original 2008 SG Descriptors cannot possibly be applied to you, it would be either the 2011, or 2013 amended Descriptors, (Depending on the date of the adverse WRAG decision) as mentioned in my original post.

bro58

Dear worriedandalone,

Legal Aid is a really good way to get help with your case and can also make you feel really supported and can take some of the weight off your shoulders.

You can find out about legal aid here:

www.gov.uk/legal-aid/overview

have a read through and there are links in there to see what legal aid you can get, if you want legal aid at all or if you want other methods of support and also if you're eligible.

Good Luck,

Jess