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first tribunal turned down
11 years 5 months ago - 11 years 5 months ago #115136 by bro58
Hi AA,
Welcome to Benefits and Work
Your first step would be to request a written statement of reasons from The TS within one month of the date of the decision notice letter : Tribunals – Requesting a Statement of Reasons
To appeal to The UTT, The FTT would have to had erred in law in coming to their decision : What is an Error of Law?
You may need professional advice with this :
Where to get advice?
Legal Aid is still available for appeals to The UTT.
See also : Appealing to The Upper Tier, DR UK Factsheet
Appealing to the UTT alone, will not result in payment of assessment rate ESA being reinstated, however if you were successful, any decision would be backdated to the time of the original fit for work decision.
You can also make a fresh claim for ESA, as long as 6 months or more has elapsed since the time of the original fit for work decision, or if 6 months have not elapsed, if you can gain proof from your G.P. that your condition has deteriorated, or you now suffer from different medical conditions.
You would need to obtain a fresh fit note from your G.P., further information on making a fresh ESA claim can be found here :
www.gov.uk/employment-support-allowance
Once you make a fresh claim, using the ESA1, etc, the DWP will inform you whether you are entitled to assessment rate ESA in the form of Contribution Based (CB) ESA, and/or Income Related (IR) ESA.
If you are entitled to CB ESA and/or IR ESA, you will enter the assessment phase, where you will then receive another ESA50, and a fresh assessment.
You could be successful this time, with the help our guides.
Please repost to this topic if you have further queries.
bro58
Replied by bro58 on topic first tribunal turned down
ADENIKE AJADI wrote: my ESA was turned down with no score and i appealed unfortunately they refused it again, i dont know maybe i should appeal to upper tribunal or forget about it because am depressed at the moment and stressed. ESA is from May this year to last year as they said.
i have send in medical certificate which will end May next year. What should i do i need advice please.
Hi AA,
Welcome to Benefits and Work
Your first step would be to request a written statement of reasons from The TS within one month of the date of the decision notice letter : Tribunals – Requesting a Statement of Reasons
To appeal to The UTT, The FTT would have to had erred in law in coming to their decision : What is an Error of Law?
You may need professional advice with this :
Where to get advice?
Legal Aid is still available for appeals to The UTT.
See also : Appealing to The Upper Tier, DR UK Factsheet
Appealing to the UTT alone, will not result in payment of assessment rate ESA being reinstated, however if you were successful, any decision would be backdated to the time of the original fit for work decision.
You can also make a fresh claim for ESA, as long as 6 months or more has elapsed since the time of the original fit for work decision, or if 6 months have not elapsed, if you can gain proof from your G.P. that your condition has deteriorated, or you now suffer from different medical conditions.
You would need to obtain a fresh fit note from your G.P., further information on making a fresh ESA claim can be found here :
www.gov.uk/employment-support-allowance
Once you make a fresh claim, using the ESA1, etc, the DWP will inform you whether you are entitled to assessment rate ESA in the form of Contribution Based (CB) ESA, and/or Income Related (IR) ESA.
If you are entitled to CB ESA and/or IR ESA, you will enter the assessment phase, where you will then receive another ESA50, and a fresh assessment.
You could be successful this time, with the help our guides.
Please repost to this topic if you have further queries.
bro58
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