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ESA Tribunal appeal Assistance deadline 4.2.15
- simmsimm
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8 years 3 months ago #149691 by simmsimm
ESA Tribunal appeal Assistance deadline 4.2.15 was created by simmsimm
I was previously on ESA support group, then following a medical assessment they said I was not entitled to ESA. I did an mandatory reconsideration, which then resulted in a tribunal hearing. I was advised at the tribunal hearing that they have mow awarded me Employment Support Allowance in the work related activity group. I have an employer and am on long term sickness due to depression, fibromyalgia, Severe IBS. I am taking medication which also gives me side affects. If I was well enough, I would be able to return to my employer. I have to submit my appeal by this Friday 5th Feb 16 due to their deadline. My treating consultant advised me to give his contact details in my letter of appeal so they can confirm why I should remain in the support group. I understand you can only appeal this on legal grounds and have no idea on what to do. The reason for my delay in appealing this, I was waiting for a response from my solicitor who deals with unum my phi company as i receive an income as I am unable to work. He is unable to help with ESA as he has no experience in this field. Can anyone help me in writing an appeal letter - happy to pay for this support?
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- Gordon
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8 years 3 months ago #149701 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Tribunal appeal Assistance deadline 4.2.15
simmsimm
I'm afraid that we cannot offer much help with regard to an appeal to the Upper Tribunal as we would need access to all of your papers which of course we cannot on the forum.
Have you requested a copy of the Statement of Reasons from the Judge of your hearing?
If you have not done this then you cannot take the matter further until you do and any request must be made within one month of the hearing.
Tribunals – Requesting a Statement of Reasons
If you have the SoR, are there any Errors in it?
What is an Error of Law?
If you cannot see an Error then you cannot take the matter further.
If you think that you can show that there is an Error then you must apply to the Court for a new hearing.
I'm afraid your Consultants offer is no value at the moment, The UTT will not seek further evidence as to how you are effected as they will be looking at the Tribunal Decision made and it's reasons for doing so. If your UTT is successful then the most likely result is that a new FTT hearing will be ordered and you would then have the opportunity to submit their letter.
You would still need to show that you meet the criteria for the SG at any new hearing.
Gordon
I'm afraid that we cannot offer much help with regard to an appeal to the Upper Tribunal as we would need access to all of your papers which of course we cannot on the forum.
Have you requested a copy of the Statement of Reasons from the Judge of your hearing?
If you have not done this then you cannot take the matter further until you do and any request must be made within one month of the hearing.
Tribunals – Requesting a Statement of Reasons
If you have the SoR, are there any Errors in it?
What is an Error of Law?
If you cannot see an Error then you cannot take the matter further.
If you think that you can show that there is an Error then you must apply to the Court for a new hearing.
I'm afraid your Consultants offer is no value at the moment, The UTT will not seek further evidence as to how you are effected as they will be looking at the Tribunal Decision made and it's reasons for doing so. If your UTT is successful then the most likely result is that a new FTT hearing will be ordered and you would then have the opportunity to submit their letter.
You would still need to show that you meet the criteria for the SG at any new hearing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- simmsimm
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8 years 2 months ago #149767 by simmsimm
Replied by simmsimm on topic ESA Tribunal appeal Assistance deadline 4.2.15
I do have Statement of Reasons, and believe there is an error. My husband has requested my consultant send in a supporting letter also and will try and get this in before there deadline. Otherwise it can follow. Thanks. If I am not successful with this, do I have to attend the wra even though I am unwell. Would my medical letter from my treating consultants who say I am not fit to return to work not suffice?
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- Gordon
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8 years 2 months ago #149786 by Gordon
The UTT will not consider your Consultants letter, they can only look at whether the FTT panel arrived at their Decision properly and they can only use the evidence that was available to that hearing to do that.
IF the Decision is set aside, then the most likely result is that a new hearing will be convened and you can submit the letter to that.
I'm afraid, while you remain in the WRAG then you are required to attend WFIs and to participate in Work Related Activity at risk of your benefit being sanctioned, although your advisor must take into account the limitations that result from your conditions in assigning activities.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Tribunal appeal Assistance deadline 4.2.15
simmsimm wrote: I do have Statement of Reasons, and believe there is an error. My husband has requested my consultant send in a supporting letter also and will try and get this in before there deadline. Otherwise it can follow. Thanks. If I am not successful with this, do I have to attend the wra even though I am unwell. Would my medical letter from my treating consultants who say I am not fit to return to work not suffice?
The UTT will not consider your Consultants letter, they can only look at whether the FTT panel arrived at their Decision properly and they can only use the evidence that was available to that hearing to do that.
IF the Decision is set aside, then the most likely result is that a new hearing will be convened and you can submit the letter to that.
I'm afraid, while you remain in the WRAG then you are required to attend WFIs and to participate in Work Related Activity at risk of your benefit being sanctioned, although your advisor must take into account the limitations that result from your conditions in assigning activities.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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