Appeal to the Upper Tribunal re ESA WRAG
Freda wrote: I don't have leave to do so yet, but am hopeful that I will be able to appeal to the Upper Tribunal soon. FT Tribunal was last week - my appeal to be placed in the support group was refused. Horrendous experience which I don't want to repeat but the decision is just wrong and unfair. My mental health has definitely deteriorated because of all of the stress and strain that this process has put me under. I honestly feel that it will be the death of me.
I need some help. My GP has been no help to date but since I've seen and spoken to him in the last few days he is beginning to see that he has to do something because of the effect of all of this on my mental health and wellbeing. He may now write a letter of support but will that be enough? People keep saying talk to CAB but others say they are swamped and are unable to take on any more cases. I feel that I need proper legal advice from someone who totally understands my position but I have no idea where to turn. Can you tell me what I should do next please?
Hi F,
Welcome to Benefits and Work
You cannot appeal a FTT decision to The UT simply because you think that the decision was "wrong and unfair".
You must show that the FTT has erred in law in coming to the decision:
What is an Error of Law?
"Errors of Law" can include the following :
Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to the client, failure to explain why they’ve relied on any material evidence against the client, particularly where that evidence was put at issue by the claimant, complete mishandling of relevant evidence or applying the law incorrectly.
Your first step in this process would be to request a written statement of reasons from the tribunal within one month of the date of their decision notice letter :
Tribunals – Requesting a Statement of Reasons
You may need professional advice with this issue :
Where to get advice?
See also : Appealing to The Upper Tier, DR UK Factsheet
Just too add, even if you could appeal to the UT, any deterioration or change in your condition since the time of the original WRAG award appealed cannot be taken into account by the UT.
The same would have been applicable with The FTT, they could only re-look at whether you should have qualified for The SG at the time of the original adverse WRAG decision, and not at any time since then.
You could request a review/supersession of the WRAG award, if you feel that you can prove that you now qualify for the SG.
This would involve a fresh ESA WCA, ESA50, etc, and you would have to provide evidence of any deterioration or change, and show how you now qualify under the relevant SG Descriptors.
Qualifying for the Support Group
bro58
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Freda wrote: Thanks I will browse all of these links. Yes I have requested a statement of reasons but may have to wait some weeks for that to be issued. Just trying to get my head around everything in the meantime and be ready to act if and when I am able to appeal.
O.K. F,
Please keep us updated.
bro58
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