Failed ESA Tribunal

Hi
Hope u can help.
My tribunal was refused yesterday. I suffer from depression, anxiety and made worse by severe PMS / hormone problems. I had a representative from Welfare Rights with me but sadly it wasn't the one who had been dealing with my case so when asked by the Judge why reg 29 and 35 should be considered she didn't have a clue and couldn't find the medical evidence to back it up. It clearly says in the letter from gynaecologist specialising in PMS that there maybe a substantial risk to my mental health if I was found to be capable of work. Also my GP has put in "risk of precipitating increased stress and anxiety, prone to emotional abilities at extremes of stress". So somehow they've ignored medical evidence. I also had medical evidence from my health visitor and also a local gynaecologist too. And a supporting letter from mental health charity Rethink but this wasn't submitted to the tribunal by welfare rights. Rethink have helped me loads with my appeal and continuing to do so now it's been refused.

I rang the Tribunal Services and asked for a copy of Statement of Reasons and Record of Proceedings.

I'm just frustrated that it's all been messed up and medical evidence ignored and worried about money too. Also my condition has got worse and today has been hard coping with everything.

Hi Saz,
I am sorry to hear that the Tribunal found against you I'm assuming that you were found Fit For work, or were you appealing for Support Group from WRAG?

You have done the right thing in requesting a Statement of Reasons, that needs to be looked at by an expert to see if there might have been any Error in Law that would allow you to request an appeal to the Upper Teir Tribunal.

What is an Error of Law?

I'm afraid that there will be no payment made while you are awaiting an UTT appeal, legal aid might be available to you for the appeal though.

Hi I'm sorry to hear about that news.

In addition to what Mrs H said, if it has been more than 6 months since the date of the original decision to find you fit for work you can make a new ESA claim. You can make this claim even when trying to appeal to the Upper Tribunal.

Thanks for that Aaron, I am waiting for the OP to tell me whether she has been found 'fit for work' or is appealing for support Group from WRAG...

Thanks for your reply. Yeh fit for work when I'm clearly not. They've got a sick note but that doesn't matter anymore. Apparently Welfare Rights told me I can put a new claim in for ESA even before the 6 months but will need to get a letter from my GP saying my condition has deteriorated which it has and then get a new sick note from today or sign on for ESA for a month. Cos it's 5 months since they made the decision so I've got a month gap. Rethink said they'll look at the Statement of Needs for me when they come and Welfare Rights too.

I've replied but it's not showing up!!! Sorry first time using this forum!!