Tribunal Appeal. Placed in Wrag Group

Hi there

I've been a M.E. sufferer and on I.B. for 16 years, being accessed regularly but failed on the crossover to the ESA.

I appealed the decision and was heard by tribunal.

The first tribunal was adjourned after 15 mins as I was very confused when asked to start from the beginning of my illness. The judge found my illness very unusual and said that that he would start from new and he would request my medical correspondence from my doctor spanning the 15 years or so. I agreed to it and I had to wait a further 10 weeks for my next tribunal.

The next tribunal was heard by the same two persons and it seemed very hurried. At the first tribunal I asked it that my husband be witness as he was really the only person who could help with a statement to how I coped with everyday life.

My husband was present with me on the two occasions and he wasn't asked to give evidence. I asked the clerical assistant why and he said it wasn't necessary.

During the quick tribunal I had neither my medical history was raised and neither my request to be placed in the support group.

They seemingly decided to place me in WRAG instead of the SUPPORT group withing asking how I might cope.

It was June last year I filled in the forms and al this started. The last 14 months of stress has made my condition and anxiety worse. My health has got worse. I'm now on three blood pressure tablets instead of the one at the start. My pain medication has changed.
My new medication helps the pain but makes me a bit high and confused at times.

I need to know how to tackle this appeal as I understand the decision might be cancelled and I'll have to start it all again. That's if they accept my appeal.

I am still receiving sick notes from my doctor at 3 monthly intervals yet the Job centre now want me in for work assessment. I had to cancel the first date as I had no-one available to take me.

Can anyone help me in a direction for this appeal?

thanks

catelilac wrote: Hi there

I've been a M.E. sufferer and on I.B. for 16 years, being accessed regularly but failed on the crossover to the ESA.

I appealed the decision and was heard by tribunal.

The first tribunal was adjourned after 15 mins as I was very confused when asked to start from the beginning of my illness. The judge found my illness very unusual and said that that he would start from new and he would request my medical correspondence from my doctor spanning the 15 years or so. I agreed to it and I had to wait a further 10 weeks for my next tribunal.

The next tribunal was heard by the same two persons and it seemed very hurried. At the first tribunal I asked it that my husband be witness as he was really the only person who could help with a statement to how I coped with everyday life.

My husband was present with me on the two occasions and he wasn't asked to give evidence. I asked the clerical assistant why and he said it wasn't necessary.

During the quick tribunal I had neither my medical history was raised and neither my request to be placed in the support group.

They seemingly decided to place me in WRAG instead of the SUPPORT group withing asking how I might cope.

It was June last year I filled in the forms and al this started. The last 14 months of stress has made my condition and anxiety worse. My health has got worse. I'm now on three blood pressure tablets instead of the one at the start. My pain medication has changed.
My new medication helps the pain but makes me a bit high and confused at times.

I need to know how to tackle this appeal as I understand the decision might be cancelled and I'll have to start it all again. That's if they accept my appeal.

I am still receiving sick notes from my doctor at 3 monthly intervals yet the Job centre now want me in for work assessment. I had to cancel the first date as I had no-one available to take me.

Can anyone help me in a direction for this appeal?

thanks

Hi c,

Once you have received the Tribunal Decision Notice, if you have been placed into The WRAG, and you think that this decision is errant, you can only appeal to The Upper Tier Tribunal if the First Tier Tribunal that have placed you into The WRAG have made an :

Error of Law

The first step regarding an appeal to the UT would be to request a:

Written Statement of Reasons from the Tribunal, within one month of the date of the decision notice letter.

You may need to enlist the aid of a qualified WRO in deciding whether an Error of Law has occurred, and whether this can be appealed to The UT.

Legal Aid is still available for UT appeals, see :

Where to get advice?

If you have been placed into the WRAG, and are entitled to payment of Contribution Based (CB) ESA only, are you aware of this :

12 Month Limit for ESA(CB)

This document may also help :

Appealing to The Upper Tier, DR UK Factsheet

If your conditions have changed or deteriorated since the time of the original fit for work decision, and you can provide evidence of this, then another alternative may be to request a supersession to be placed into The SG.

This would involve filling in another ESA50, and going through The ESA WCA afresh.

Please reply to this post if you have any further questions.

bro58