ESA Question

In an overpayment of ESA that is being appealed at tribunal having failed at mandatory reconsideration( as expected) If the appeal is unsuccessful can this be taken to a further appeal the same as a dispute for PIP does.

Than you.

countryman wrote: In an overpayment of ESA that is being appealed at tribunal having failed at mandatory reconsideration( as expected) If the appeal is unsuccessful can this be taken to a further appeal the same as a dispute for PIP does.

Than you.

Hi cm,

Any decision made by a First Tier Tribunal (FTT) is potentially "appealable" to The Upper Tier Tribunal.. (UTT)

If The FTT find against you, you could look into your options regarding appealing to The UTT, and if at all possible you should seek professional advice on this from the CAB or the like :

See : This Topic

I don't know where you live, but if it is in one of the areas covered in the information given in the link below, they may be able to help, or direct you to someone that can :

Legal Aid for UTT Appeals for London, East, S/E England and The Midlands.

Legal Aid is still available for appeals to The UTT.

You first step would be to request a Written Statement of Reasons (S of R) from The Tribunal to gain an explanation of how and why they came to their decision :

Tribunals – Requesting a Statement of Reasons

This must be done within one month of the date of The FTT Decision Notice letter that you would have received.

Sending Documents to the DWP or The FTT.

You or your Rep, would then have to show that The FTT had "erred in law" in coming to their decision, in order to appeal to The UTT :

What is an Error of Law?

ERROR IN LAW :

"Errors in Law” can include : Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to the appellant, failure to explain why they’ve relied on any material evidence against the appellant particularly where that evidence was put at issue by the appellant, complete mishandling of relevant evidence or applying the law incorrectly, etc.

Even if your request to appeal to The UTT is accepted, this will not result in any change to The FTT decision whilst the UTT Appeal process in ongoing.

bro58