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ESA Appeal Failed

  • Heather Barnard
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10 years 2 months ago - 10 years 2 months ago #117533 by Heather Barnard
ESA Appeal Failed was created by Heather Barnard
Hello

Your site has been very helpful to me this year while preparing for my appeal. I felt I should be transferred from the WRAG to Support Group due to my fulfilling one of the Support Group descriptors (unable to raise arm to put something in top pocket) due to my Fybromyalgia.

Unfortunately my appeal failed last month. At my appeal, on several occasions the Judge said to me "you do realise that the Support Group is for seriously ill people". I thought that, although he asked a lot of questions, he did not take my problems seriously as they were not clearly visible. i.e. the amount of pain I was in.

Can I appeal the judge's decision? I have no medical evidence other that my doctors 'unfit for work note' and my ongoing pain medication.

I an not entitled to Income Related ESA and my normal ESA ended last November. At this moment in time I do not receive any benefits and am not sure what to do next. I have been told that the only benefit I am entitled to is JSA. But, if I am not fit to work how can I claim this?

Any advice you can give would be much appreciated. Thank you.
Last edit: 10 years 2 months ago by Gordon.

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10 years 2 months ago #117539 by Gordon
Replied by Gordon on topic ESA Appeal Failed
HB

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?

In regard your appeal. You can only lodge an appeal to the Upper Tribunal if you can show that there has been an Error of Law in how the Decision was reached, you cannot appeal because you disagree with the Decision.

Have a look at

What is an Error of Law?

Tribunals – Requesting a Statement of Reasons

www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision

Try and get face to face advice from an advisor with experience in this area as we are limited in the help we can provide for this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Heather Barnard
  • Topic Author
10 years 2 months ago #117541 by Heather Barnard
Replied by Heather Barnard on topic ESA Appeal Failed
Thank you Gordon.

I am not sure how my name came up as I was expecting my username to appear! I will read your link - thanks again.

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10 years 2 months ago #117551 by slugsta
Replied by slugsta on topic ESA Appeal Failed
To follow on from Gordon's excellent advise - you have only 1 month following the tribunal to request a 'Statement of Reasons' (which must be done before you could request permission to appeal to the Upper Tier), so you need to get a move on if you think you have cause to go down this route.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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