lost appeal for ESA

please can some-one advise.
My friend lost the ESA appeal,she has sent a sicknote in for three months. The appeal was lost on a technicality,the judge did not date the decisiondate.Also failed on the health issue.
Friend has been sent another form for ESA not an ESA50[the income related form].

When her sicknote runs out should she sign on JSA or should she ask fo ranother ESA50[her health as slightly deteriatied] but not to the extent she would get into the support group.

I am asking on her behalf because she doesn't have a computer.At the moment all her money stopped two weeksago and she only has a few pounds left,less than the JSA rate.
Any advise welcome.
Thanks.

Hi Pamela,

I am sorry to hear about your friend's situation. How long ago was the appeal heard? This could be taken further if there was an 'Error in Law' but only if it is less than 1 month since the tribunal date. If so, it would be worth your friend getting a 'Statement of Reasons' from the tribunal service as this is the first step in taking things to the upper tier tribunal

Tribunals – Requesting a Statement of Reasons

However, if the tribunal found that your friend did not meet the criteria for ESA in either group I'm afraid that she will not be paid even while awaiting an upper tier appeal. Likewise, if your friend was in WRAG and her payments have stopped due to the time-limiting she would only get paid again if she could meet the means-test for income-related ESA or gain access to the Support Group in the future

Whether it would be possible to start another ESA claim depends on your friend's NI contributions and financial status, it would be worth getting expert advice to see whether an Upper Tie tribunal and/or new ESA claim is possible.

Where to get advice?

If you can please clarify whether your friend was found 'fit for work' by the tribunal or put into the 'WRAG' we can make sure our advice to you is accurate. Likewise, it will be helpful to know what your friend was doing before this ESA claim, was she working or on IB?

Thank you i'll ask my friend if she was found fit for work,which i think she probably was.

My friend was having help by the CAB but since the tribunal,she approached the CAB and they said they could get the statement of reasons,but though she has tried to have contact with them they have never said they have actually written to the tribunal and unfortunately the welfare person said some negative words.

She was on IB before ESA.I have just asked her if she was found fit for work but she says she does not know.
I am sorry I cannot be of more help.
Thank you for the moment.

If your friend was on IB before the ESA claim then it is highly unlikely that she would be able to make a new claim for contributory ESA (as she would not have been working in order to make the NI contributions). However, if she lives alone and has no other income, it is possible that she might be able to get income-related ESA. She really needs to find out from CAB what is happening.