Appealing to the Upper Tribunal

Hi,
Can anyone advise me if i am right to lodge an appeal with the Upper Tribunal after my appeal was refused?
I was led to believe after winning a Tribunal case in 2011, that the Judge and Doctor are supposed to consider ALL evidence presented in the case.

I have found faults or whatever you want to call them in my original assessment for ESA where as the "Healthcare Professional" identified my condition as a "Musculoskeletal" problem, and reported "No significant abnormalities in my lower limb examination" and although i reported i was in pain on simulated rotation of my spine, the Healthcare professional reported it as "Medically unexplainable".

I am quite confused as to why the Healthcare professional..the Decision maker and both the Judge and Doctor at my Tribunal failed to notice the enclosed MRI report that clearly states my problem as being Degeneration of my Discs at various levels and concluding as follows;
"Broad posterocentral disc bulge at L5-S1. Disc lies in contact with both transiting S1 nerve roots and also compresses the exiting right L5 nerve root". There is also anterior osteophytic lipping on the end plates at several levels most marked at L1-L2. There are small disc bulges at several other levels.

Could anyone advise me as to whether appealing to the Upper tribunal is the correct way to go?
Or what other options do i have?
I have had to start a new claim for ESA on the grounds that my condition has got worse since my last assessment. Thanks in advance for any help given

Hi M,

You have one month from the date of the Tribunal decision to request a Statement Of Reasons from the Tribunal service. You should take this to a welfare rights expert and ask them whether there seems to be any Error of Law. If so, you then have another month (from the date of the SOR) to request permission to appeal to the Upper Tier tribunal. Error of Law is the only possible reason for being allowed to take this any further, I'm afraid.

Where to get advice?

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

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Hi,

See also : Appealing to The Upper Tier, DR UK Factsheet

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