Appeal to the Upper Tribunal re ESA WRAG

I intend to appeal to the Upper Tribunal re the First-tier Tribunal's refusal of my appeal against being placed in the WRAG, but 8 weeks later I still haven't received a statement of reasons from them. I can't proceed and lodge an appeal until that statement is issued, and in the meantime I guess that statistics wise I am classed as an 'appeal refused' case. This is so wrong. Anything I can do to speed the process along, anyone?

Hi F,

I have merged your post with your previous topic for continuity.

The only action that I can advise is that you recontact the TS and remind them that you have requested the S of R.

I have read on other forums that appellants have had to wait some time before receiving their S of R from the TS.

I would not just ignore it though, and would continue to remind them, verbally and in writing.

If needs be you could make a complaint :

Complaining to the Tribunal Service

When writing to the TS, I would abide by the same guidelines as when : Sending Documents to the DWP or ATOS

bro58

Thank you.

Finally received the statement of reasons last week along with a CD of the recording of the tribunal. I had also asked for the record of proceedings from the tribunal (the tribunal's notes of what happened during the hearing) but this was not enclosed. I wrote again requesting the record of proceedings and I have now received pretty much the same as they sent me already, along with an extra couple of pages. One of these is entitled 'Record of Proceedings' which merely shows the dates, names etc relating to the proceedings and there is what looks like a stamp or something superimposed onto the document above the signature and highlighted in pink marker pen which states the following:-

"In accordance with Practice Statement Record of Proceedings in Social Security and Child support Cases in the Social Entitlement Chamber the presiding member, or in the case of a Tribunal composed of only one member that member, has determined that the record of proceedings shall be made by being digitally recorded."

The other extra page says that the recording was 'the medium in which the record of proceedings was preserved". I remember seeing the judge making written notes to all the questions he was asking me so I know that a written record of the proceedings was made. Is it legal for them to withhold this from me?

Hi Gordon are you quite sure about this? I've been looking at Disability Rights UK's advice on appealing to the Upper Tribunal and it says 'when you ask for the tribunal's full written statement of the reasons for its decision you should also ask for its 'record of proceedings', which is the note that the judge is under a duty to take about what happened during the hearing. It can help establish grounds for appeal. The Court and Tribunal Service should normally send it to you on request.'