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lost at tribunal - fibromyalgia

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9 years 8 months ago #143728 by marnot
lost at tribunal - fibromyalgia was created by marnot
Hello
My trubunal was on 6th and i scored 6 more points than before but still not enough.

I was appealing against 6 descriptors, i was awarded points for one of them but none for the other 5, i have not been given any reasons why they reached that decision.

Should i appeal to the upper tribunal "error of law" "the tribunal failed to give adequate reasons for the decision".

In the meantime do I have to go back on JSA to receive any money. would it be better to make a new claim for ESA when 6 months have passed since their refusal, which will be 23/12/15

Thanks in advance.

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9 years 8 months ago #143744 by Gordon
Replied by Gordon on topic lost at tribunal - fibromyalgia
Marnot

The panel is not required to provide it's reasons for their Decision unless you specifically ask for it, see

Tribunals – Requesting a Statement of Reasons

any subsequent appeal to the Upper Tier Tribunal would need to be on the basis of an Error of Law, see

What is an Error of Law?

You can make a new claim for ESA but the Assessment rate will not be payable until a Decision is made unless you can show that you now have a significant new condition which in itself could result in an ESA award or a deteriorated condition that would lead to one.

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

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