Hi, I would appreciate your advice please. I have been transferred from IB to ESA and I have been awarded WRAG of ESA, without a medical. I have appealed to go into the support group and failed. If I go to tribunal and the tribunal decides I am fit for work can I appeal to the upper tribunal on an error in law as I have only been assessed on paper or does the tribunal have the power to make the decision without me ever having a face to face. Thank you in advance for your help.
twink wrote: Hi, I would appreciate your advice please. I have been transferred from IB to ESA and I have been awarded WRAG of ESA, without a medical. I have appealed to go into the support group and failed. If I go to tribunal and the tribunal decides I am fit for work can I appeal to the upper tribunal on an error in law as I have only been assessed on paper or does the tribunal have the power to make the decision without me ever having a face to face. Thank you in advance for your help.
Hi T,
You cannot be found fit for work under any circumstances before first having a face to face.
Further, if a tribunal are considering taking away or reducing an existing award of any benefit, they must first warn the appellant, and give them the opportunity to withdraw their appeal.
