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ESA TRIBUNAL

  • pauline17
  • Topic Author
12 years 3 months ago #76736 by pauline17
ESA TRIBUNAL was created by pauline17
Just failed my tribunal had to wait for
five days for decision,didnt send in my medical records, just had a letter from
my doctor, sent for list of reasons, dont
know whether have claim for appeal to
upper tribunal.

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12 years 3 months ago #76738 by Gordon
Replied by Gordon on topic Re:ESA TRIBUNAL
pauline17 wrote:

Just failed my tribunal had to wait for
five days for decision,didnt send in my medical records, just had a letter from
my doctor, sent for list of reasons, dont
know whether have claim for appeal to
upper tribunal.

You need to request a Statement of Reasons as a pre-cursor to appealing to the Upper Tribunal so it it good that this is in hand.

Appealing to the UT is not to be taken likely, you can only appeal if you can show that there has been an error of law, see the following FAQ

What is an Error of Law?

You are not entitled to any ESA payements while you appeal to the UT unlike when you appealed to the lower court.

You will be arguing points of law and potentialy invoking case law from previous Decisions, this is not something a lay person should be considering, unless they have no choice, so you should seek advice from an advisor with experience in doing this. See

Where to get advice?

If your GP is still prepared to provide Fit Notes for you, and on the assumption that more than six months have elapsed since the Decision you appealed, you can make a new claim for ESA, this can run in parallel to any further appeal you may decide to lodge.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • pauline17
  • Topic Author
12 years 3 months ago #77473 by pauline17
Replied by pauline17 on topic Re:ESA TRIBUNAL
How many times can you re apply for esa
providing you submit sick notes,is this
on going if your sent for medicals.

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  • pauline17
  • Topic Author
12 years 3 months ago #77474 by pauline17
Replied by pauline17 on topic Re:ESA TRIBUNAL
Can i keep re aplying for esa, is this
on going every 12 months or can you only
apply to tribunal once.

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  • Survivor
12 years 3 months ago #77475 by Survivor
Replied by Survivor on topic Re:ESA TRIBUNAL
You can reapply for ESA six months after being turned down and in theory it is possible to carry on claiming and appealing forever, since the waiting time for appeals is longer than six months.

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  • pauline17
  • Topic Author
12 years 3 months ago #77622 by pauline17
Replied by pauline17 on topic Re:ESA TRIBUNAL
Can i only claim the basic 67.50 per week
and not DLA while on assesment.

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