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TOPIC: lost my appeal

lost my appeal 7 years 8 months ago #78607

  • honeyb2411
i attended my appeal hearing today and it was horredous. i was talked over, contradicted and basically called a liar. i have no idea what to do now. :(

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Re:lost my appeal 7 years 8 months ago #78609

honeyb2411 wrote:

i attended my appeal hearing today and it was horredous. i was talked over, contradicted and basically called a liar. i have no idea what to do now. :(

As this appears to be your first post, you may be interested in the following FAQ

Welcome to Benefits and Work

I'm sorry to hear your news, you don't say what benefit your appeal was in relation to?

With regard to taking the appeal further, your options are somewhat limited. You can only appeal to the Upper Tribunal if you can show there has been an error of law, see the following FAQ.

What is an Error of Law?

If it has been more than six months since the Decision you appealed, you can make a new claim for the benefit. If your appeal was for DLA then the waiting period does not apply.

it may be worth you seeking face to face advice, have a look at the following.

Where to get advice?

If we can be of further help, please come back to the forum.

Gordon

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

Re:lost my appeal 7 years 8 months ago #78611

  • bro58
honeyb2411 wrote:

i attended my appeal hearing today and it was horredous. i was talked over, contradicted and basically called a liar. i have no idea what to do now. :(


Hi Hb2411,

I am sorry to hear of your experience at the Tribunal Hearing.

You don't say which benefit you were appealing?

bro58

Mod Edit : Posted same time as Gordon

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Last edit: by bro58. Reason: Posted same time as Gordon

Re:lost my appeal 7 years 8 months ago #78612

  • honeyb2411
it was for ESA, i had been getting for about 2 years and had attended a medical in september which i knew as soon as i went in that would not be found in my favour. i suffer from severe depression and anxiety, but had added in my appeal form that i had always suffered from sciatica and various other back problems, they jumped all over that and would not accept anything about it as it was only vaguely mentioned at the original medical. they awarded me 6 points for not being able to integrate with people. i am totally disgusted and disheartened by this, i thought because i was telling the truth i would be ok, instead of that i was treated like a criminal. can i reapply for ESA and start the process again?

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Re:lost my appeal 7 years 8 months ago #78614

Honeyb, Gordon's already answered that for you.

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Re:lost my appeal 7 years 8 months ago #78617

Honeyb

On the assumption that you were last assessed in September 2011 and not 2010, then your options for re-applying fo ESA are limited.

You can make a new claim immediately, however, since it is less than six months since the Decision you appealed, you will not be paid until a Decision is made following the issuing of a new ESA50 and likely another medical.

The exception to this is, if you can show a deterioration in your existing condition or a new condition that has effected you since last September.

If you wait until the six months expire, March or April of this year, then you can make a new claim without restriction.

Alternatively, you can make an immediate claim for JSA and be paid, providing you are prepared to sign a "contract" requiring you to seek work.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58GordonGaryBIS