- Posts: 23
Upper tribunal
- Jannigran
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I hope you can advise, I had my ESA appeal on 6th jan it was unsuccessful .
It was not at all a good experience as you could feel the hostility as soon as you entered the room ,even the welfare advisor commented on this.
I had a very good supporting report from my consultant which was never referred to, it was clear the doctor did not recognise fibromyalgia as a recognised health issue and even my arthritis he referred to as housewife knees and bony nodules on my toes as a bunion. I didn't, get a chance to complete a sentence without him commenting "oh really" in a patronising way as if he didn't believe a word I said.
I initially thought I will not put myself through anymore of this humiliating process but on reflection I have decided to pursue my claim as after working for the past 35 years I believe I am entitled to get some support now I am not physically able to.
My question is do I need to wait for official confirmation before I request a statement of reasons.
Secondly do I require to use the services of a solicitor to represent me in appealing to the UT and where I can find some examples of an error in law.
Thanks in advance for any help you can offer.
Kind regards
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- Gordon
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The first stage to challenging this Decision is to request a written Statement of Reasons, this needs to be done within one month of the date of the Tribunal Decision letter that you should have received.
Tribunals – Requesting a Statement of Reasons
To lodge an appeal against this Decision you will need to show that there has been an Error of Law
What is an Error of Law?
Legal Aid is available to claimants appealing to the Upper Tribunal and we would recommend anybody considering an appeal to get face to face advice as we are very limited in the help we can provide on the forum. Do an internet search for "welfare advice" with your postcode, town, or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jannigran
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- Posts: 23
I should like to add I haven't received any letter from them yet.
I will keep you updated of my progress
Keep up the good work you all do it is so much appreciated
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Jannigran wrote: Thank you so much for your quick response
I should like to add I haven't received any letter from them yet.
I will keep you updated of my progress
Keep up the good work you all do it is so much appreciated
Hi Jg,
See also : Appealing to The Upper Tier, DR UK Factsheet
bro58
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- Gordon
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Jannigran wrote: Thank you so much for your quick response
I should like to add I haven't received any letter from them yet.
I will keep you updated of my progress
Keep up the good work you all do it is so much appreciated
If you hearing was on the 6th then you should have received the Decision Notice either on the day of the hearing or at worst, after a couple of days, if you have not received it then you need to contact the Tribunal Service.
The absence of a Decision Notice should not stop you requesting the Statement of Reasons and you should assume that this needs to be done before 6 February 2014.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- sunshine
I hope to appeal higher but little left t cope with this. Good luck with your case and hope you are wll enough to set the record straight( i really don't know how they are getting way with all the distress and mayhem they are causing.
hope you don't mind my comment. take care
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