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TOPIC: ESA appeal

ESA appeal 7 years 8 months ago #78729

  • pauline17
Failed my ESA Appeal, been sent the reasons
from the Tribunal,dont no whether to appeal
to upper tribunal, still being paid the
Assesment rate, if i fail the upper tribunal,can i make a fresh claim.

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Re:ESA appeal 7 years 8 months ago #78731

  • bro58
pauline17 wrote:

Failed my ESA Appeal, been sent the reasons
from the Tribunal,dont no whether to appeal
to upper tribunal, still being paid the
Assesment rate, if i fail the upper tribunal,can i make a fresh claim.


Hi P,

See : Tribunals – Requesting a Statement of Reasons

And : What is an Error of Law?

With respect to appealing to the UT.

Please be aware that you would not be entitled to Assessment Rate of ESA whilst appealing to the UT.

You can make a fresh claim for ESA, if either 6 months or more has passed since the date of the adverse decision that you appealed (not the date of the Tribunal decision), or your medical condition has deteriorated or you have new medical conditions.

You would of course need a "fit note" from your G.P. to make a fresh claim.

bro58

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Last edit: by bro58. Reason: spelling

Re:ESA appeal 7 years 8 months ago #78732

pauline17 wrote:

Failed my ESA Appeal, been sent the reasons
from the Tribunal,dont no whether to appeal
to upper tribunal, still being paid the
Assesment rate, if i fail the upper tribunal,can i make a fresh claim.

Appeals to the Upper Tribunal, can often take a year to be resolved, and you are not eligible for the ESA Assessment rate while you wait, so you should certainly consider a new claim for ESA, whatever you decide to do regarding a further appeal.

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