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Lost ESA tribuanal 12 points but needed 15
8 years 4 months ago - 8 years 4 months ago #180230 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Lost ESA tribuanal 12 points but needed 15
I am sorry that the tribunal did not find in your favour 
I am afraid you cannot take this claim further unless you can show that the tribunal made an 'Error in Law'. This is not common, but it does happen sometimes.
Your first step would be to contact the Tribunal Service and ask for a Statement of Reasons', you must do this in writing within one month of the decision date.
You should take the SoR to a trained adviser, if you can, to see if they can find any Error in Law. You would then have to request permission to take your case to the Upper Tier Tribunal.
I'm afraid no payment will be made until/unless a decision is made in your favour and it could take upwards of a year for this decision to be made.
You might be able to reapply for ESA if you satisfy the NI/financial criteria and can show that your condition has worsened since the original decision, such that you would now meet the ESA descriptors.
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
I am afraid you cannot take this claim further unless you can show that the tribunal made an 'Error in Law'. This is not common, but it does happen sometimes.
Your first step would be to contact the Tribunal Service and ask for a Statement of Reasons', you must do this in writing within one month of the decision date.
You should take the SoR to a trained adviser, if you can, to see if they can find any Error in Law. You would then have to request permission to take your case to the Upper Tier Tribunal.
I'm afraid no payment will be made until/unless a decision is made in your favour and it could take upwards of a year for this decision to be made.
You might be able to reapply for ESA if you satisfy the NI/financial criteria and can show that your condition has worsened since the original decision, such that you would now meet the ESA descriptors.
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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