- Posts: 9439
× Members
ESA Appeal upheld
- mumwitch
- Topic Author
10 years 9 months ago - 10 years 9 months ago #106763 by mumwitch
ESA Appeal upheld was created by mumwitch
My daughter went for her ESA Appeal Tribunal last week and even though we went with clinical notes from her neurologist that said that the condition she has is extremely disabling and at best if treatment is succesful, which so far it hasn't she may be able to work part-time only. We got the impression that they didn't believe a word we said and that her condition couldn't have been non-remitting for 2 years. Is there anything that we can do to try and get her some benefit as being honest she doesn't feel right claiming JSA knowing that she isn't going to be fit for work
Last edit: 10 years 9 months ago by slugsta.
Please Log in or Create an account to join the conversation.
- slugsta
- Offline
Less More
10 years 9 months ago #106775 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA Appeal upheld
I'm sorry mumwitch, I am a little confused. You say that the appeal was upheld, which would mean that the tribunal panel had decided to award you ESA. Then you talk as if your daughter was refused ESA. Please will you clarify this for me?
If the tribunal panel found against your daughter, things are now a little more difficult. She could ask the tribunal service for a 'Statement of Reasons'
Tribunals – Requesting a Statement of Reasons
You would need specialist advice to see whether there might have been an 'Error in Law'
What is an Error of Law?
If there is no error in law, then that is the end of the road as far as this claim is concerned.
In a few circumstances it is possible to make another claim, especially if the claimant was working in the past few tax years. Otherwise, all I can suggest is that your daughter should look at the 'turn2us' website to see if there is anything else she might be able to claim.
turn 2 us
I'm sorry that I cannot offer any more suggestions for you
If the tribunal panel found against your daughter, things are now a little more difficult. She could ask the tribunal service for a 'Statement of Reasons'
Tribunals – Requesting a Statement of Reasons
You would need specialist advice to see whether there might have been an 'Error in Law'
What is an Error of Law?
If there is no error in law, then that is the end of the road as far as this claim is concerned.
In a few circumstances it is possible to make another claim, especially if the claimant was working in the past few tax years. Otherwise, all I can suggest is that your daughter should look at the 'turn2us' website to see if there is anything else she might be able to claim.
turn 2 us
I'm sorry that I cannot offer any more suggestions for you
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris