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ESA
8 years 2 weeks ago - 8 years 2 weeks ago #156186 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA
Hi Jane,
It is good that your advisor is supportive but I'm afraid she clearly does not understand the rules!
As it was an appeal tribunal that made the decision to place you in the WRAG there cannot be any further MR. If it is less than 1 month since the decision you can ask for a Statement of Reasons but you would only be able to take this further if there has been an Error of Law, not simply that you (or any number of other people) do not agree with the decision.
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
However, there is a danger in asking for an SOR - DWP would also get a copy of this and if they believe there is an Error of Law they can also appeal to have the decision 'Set Aside' in the same way that you could. This would most likely entail the decision being negated and you having to face another appeal, with the risk of being found 'Fit for Work' again, so you should think carefully before you go ahead.
If you do get a Statement of Reasons you should get it looked at by an expert in this field. Legal aid is still available, for those who qualify, for Upper Tier appeals.
If it is more than 1 month since the decision then I'm afraid you have no further recourse.
You should Bookmark/Favourite this page in your Internet Browser now.
That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.
See : This Topic also !
Thanks in anticipation of your future co-operation in keeping all your ESA appeal related queries to this topic !
It is good that your advisor is supportive but I'm afraid she clearly does not understand the rules!
As it was an appeal tribunal that made the decision to place you in the WRAG there cannot be any further MR. If it is less than 1 month since the decision you can ask for a Statement of Reasons but you would only be able to take this further if there has been an Error of Law, not simply that you (or any number of other people) do not agree with the decision.
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
However, there is a danger in asking for an SOR - DWP would also get a copy of this and if they believe there is an Error of Law they can also appeal to have the decision 'Set Aside' in the same way that you could. This would most likely entail the decision being negated and you having to face another appeal, with the risk of being found 'Fit for Work' again, so you should think carefully before you go ahead.
If you do get a Statement of Reasons you should get it looked at by an expert in this field. Legal aid is still available, for those who qualify, for Upper Tier appeals.
If it is more than 1 month since the decision then I'm afraid you have no further recourse.
You should Bookmark/Favourite this page in your Internet Browser now.
That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.
See : This Topic also !
Thanks in anticipation of your future co-operation in keeping all your ESA appeal related queries to this topic !
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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