Upper Tribunal

Following the change to esa, and thanks to your excellent guides, I was able to navigate my way through the appropriate paperwork and to prepare myself when asked to attend the medical in January 2013. I was transferred into esa and placed in the work related activity group in February 2013.

I decided to appeal as I believed I should be in the support group and waited anxiously for my hearing.This eventually took place in January this year. Despite supporting evidence from my GP my appeal was dismissed.

The statement of reasons from the tribunal does not actually state detailed reasons but general assumptions which I am deeply unhappy about.My GP's report does not even appear to have been considered. So I have decided to appeal to the upper tribunal.

This seems a daunting task from what I have been able to find out, and I would appreciate any help or guidance you could offer. Firstly should I seek professional help in phrasing my appeal ?

As you have a statement of reasons this is the first step over. The second step is to write to the tribunal judge via the address given at the top of the statement and ask for a second tribunal. You could also ask for the Record of Proceedings and the judges notes.

You need to show that an error in law has occurred. Not giving accurate reasons for a decision and not taking proper account of the evidence may be considered an error in law.

The judge may well refuse to allow a second tribunal. You can now apply for this directly by writing to the upper tribunal service.

You will need legal advice to do this and may well be able to access legal aid. You could access this via a local law centre or you can contact the Civil Legal Advice service on 0845 345 4345.

More info can be found at the end of the sites ESA appeal guide and in the ESA appeals FAQs.