Appeal to the Upper Tribunal re ESA WRAG

Well I was unable to get any help from anywhere re my appeal to the UT so I need to get on and submit something myself. Need to get it off tomorrow as the time is almost up. Panicking to say the least. Surely someone must have some experience of Upper Tribunal appeals here? I don't know what to do. I'm at the stage where I can't think straight any more.

At the moment I'm putting together all the copies and stuff that I need to enclose. It says I need to include a copy of the letter from the FTT telling me I have been granted permission to appeal, but it does not mention specifically the Decision Notice that came along with this. I don't know whether to include it or not. Does anyone know?

Hi F,

There is nothing amiss other than all post have to be read and approved by a Mod before they show up on the forum, and until a short time ago, there was only one Mod online, Gordon.

The UTT should have the decision notice, however, it will do no harm to include a copy.

You should concentrate on highlighting how and why you consider that the FTT have erred in law and could refer to the decision notice if this highlights any possible error in law.

The UTT will not be "retrying" your FTT appeal, they will simply be looking at whether the FTT have erred in law.

See : Appealing to The Upper Tier, DR UK Factsheet

The usual suspects, re – errors of law. Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to the appellant, failure to explain why they’ve relied on any material evidence against the appellant, particularly where that evidence was put at issue by the appellant, complete mishandling of relevant evidence or applying the law incorrectly, etc.

Or, maybe the FTT have failed to take account of precedent case law with a look alike case to your own.

The UTT should make allowances for you not having representation.

bro58

The Upper Tribunal has written asking for my consent to make a decision without giving reasons under rule 40(3)(b) of the Tribunal Procedure (Upper Tribunal) Rules 2008. Apparently this will expedite disposal of the appeal. Any ideas about whether this is a good idea, or not?

Hi folks I have been having a nightmare of a time recently but the good news is my appeal has at last been allowed and I have been put in support group. My ESA was stopped many months ago because they said I had not attended a WRAG interview without giving them a reason but I had actually written to them saying I could not come and why. I still am not receiving anything even though appeal was granted several weeks ago. All I got from them was about a fiver which they say is arrears up to the time they stopped my payments. How long should I have to wait to get my payments restarted? Also, surely they need to pay me all that I should have got if they hadn't wrongly sanctioned me?

It's very good to hear that your appeal was allowed, thanks for letting us know I believe it is not unusual for it to take around 8 weeks for payment to be made.