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Just had my tribunal
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6 years 3 months ago #224749 by Table
Just had my tribunal was created by Table
For ESA WRAG. One judge and a doctor. They wouldn't tell me if had got the benefit at the end of the interview. I'm really worried. They didn't seem to friendly. If I don't get the benefit can I appeal to a higher tribunal? If not could I make a new claim for the same benefit ESA WRAG again if the condition has gone worse?
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6 years 3 months ago #224764 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Just had my tribunal
Paul
It is quite common for the Decision to be posted to you, I know that it is frustrating but it is not a reflection of their Decision.
Yes, you can appeal further but not because you disagree with the Decision, only because you can show that there was an Error of Law in the making of the Decision.
What is an Error of Law?
You cannot make a new claim for Income Related ESA as this is no longer available, it would have to be Universal Credit. If you can re-meet the Contribution Conditions then you can claim New Style ESA, in both cases you will need to show a deterioration or new condition.
Gordon
It is quite common for the Decision to be posted to you, I know that it is frustrating but it is not a reflection of their Decision.
Yes, you can appeal further but not because you disagree with the Decision, only because you can show that there was an Error of Law in the making of the Decision.
What is an Error of Law?
You cannot make a new claim for Income Related ESA as this is no longer available, it would have to be Universal Credit. If you can re-meet the Contribution Conditions then you can claim New Style ESA, in both cases you will need to show a deterioration or new condition.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 3 months ago #224773 by Table
Replied by Table on topic Just had my tribunal
I'm probably been negative, thinking the worst. I was happy with all what I said. They had my doctors and private physiotherapist support letters and previous evidence. DWP didn't turn up. I have nothing more to offer or say. Nothing more could be done really. When look at what I had to offer vs the DWP it would shocking if I don't get the benefit. Its scary in the room with them but once you get started explaining things I felt fine.
Thank you for the Error of Law link Gordon. On the way out the clerk told me an estimate for when I would receive the decision by post but it when straight over my head. Do you know an estimate for how long it might be. Waiting for the decision in the post is worst than waiting for tribunal to start.
Thank you for the Error of Law link Gordon. On the way out the clerk told me an estimate for when I would receive the decision by post but it when straight over my head. Do you know an estimate for how long it might be. Waiting for the decision in the post is worst than waiting for tribunal to start.
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6 years 3 months ago #224785 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Just had my tribunal
Paul
The Clerk of the Court should have told you, they usually say 2 days but I think four is more likely, so possibly Saturday but I'm afraid it could be Monday.
Gordon
The Clerk of the Court should have told you, they usually say 2 days but I think four is more likely, so possibly Saturday but I'm afraid it could be Monday.
Gordon
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6 years 3 months ago #224808 by Table
Replied by Table on topic Just had my tribunal
Thank you. Its a scary time. My breathing and appetite has changed.
If I don't get it and do appeal further with the error of law route, would this keep the same claim alive? If so could I claim ESA assessment rate with the medical certificates again while waiting? Would have to have go to another tribunal?
If I don't get it and do appeal further with the error of law route, would this keep the same claim alive? If so could I claim ESA assessment rate with the medical certificates again while waiting? Would have to have go to another tribunal?
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6 years 3 months ago #224822 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Just had my tribunal
Paul
No, The ESA Assessment rate is not payable during an appeal to the UTT.
Gordon
No, The ESA Assessment rate is not payable during an appeal to the UTT.
Gordon
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