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ESA 2nd tier Tribunal Appeal
- Starlet97
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10 years 11 months ago - 10 years 11 months ago #122045 by Starlet97
ESA 2nd tier Tribunal Appeal was created by Starlet97
Hi there, I am so stressed I don't know what to do. To cut a long story short, I have appealed to the 1st tier Tribunal after being disallowed migration to ESA from Incapacity Benefit following a medical with ATOS. The Appeal was allowed and I was put into the WRAG.
However, a few days later I received a letter informing me of the back pay I was entitled to which also informed me that I would cease to be paid ESA from 7th June, 2014 as I had exhausted my entitlement. I waited almost 10 months for the Appeal.
I am distraught as I have a list of more than 10 medical conditions which affect me at different times and with different severity. These include Fibromyalgia, Sjogren's syndrome which affects my joints as well my mouth and face, asthma and Hashimoto's thyroiditis. I provided the Appeal with every single letter I had received from my Consultants as well as a letter from my doctor regarding my health problems and his opinion as to being able to hold down a job. I very strongly feel that I should have been put in the support group.
Quite apart from the fact that I do not have enough money to cover my housing and associated costs, let alone food now, and can see myself losing my home, I have lost two jobs on health grounds, the last one being a Permitted Work job working 10 hours a week. I honestly don't know what else I could have done.
I wish to appeal to the higher tribunal and am waiting for the Statement of Reasons from the 1st tier Tribunal. I have also obtained the Record of Proceedings. My local CAB say they cannot help me with any form of Appeal due to funding issues, I have no Law Centres offering advice in my local area, and The Law Centre will only review my case for possisble help when I have already been given leave or otherwise to Appeal. What I need is advice regarding any errors of law which might have occurred and can't seem to find anyone to do that. I have read various info on this site and have found it very useful, but don't know if the fact that I feel the Tribunal did not take into account how severely my conditions affect me at different times and subsequently affect my ability to work is good enough reason to apply for leave to appeal.
I have been given wrong and conflicting advice from the Job Centre Plus and am at my wits end as to how to proceed. I am so sorry that this has been a long post, but any help would be very useful.
Many thanks
However, a few days later I received a letter informing me of the back pay I was entitled to which also informed me that I would cease to be paid ESA from 7th June, 2014 as I had exhausted my entitlement. I waited almost 10 months for the Appeal.
I am distraught as I have a list of more than 10 medical conditions which affect me at different times and with different severity. These include Fibromyalgia, Sjogren's syndrome which affects my joints as well my mouth and face, asthma and Hashimoto's thyroiditis. I provided the Appeal with every single letter I had received from my Consultants as well as a letter from my doctor regarding my health problems and his opinion as to being able to hold down a job. I very strongly feel that I should have been put in the support group.
Quite apart from the fact that I do not have enough money to cover my housing and associated costs, let alone food now, and can see myself losing my home, I have lost two jobs on health grounds, the last one being a Permitted Work job working 10 hours a week. I honestly don't know what else I could have done.
I wish to appeal to the higher tribunal and am waiting for the Statement of Reasons from the 1st tier Tribunal. I have also obtained the Record of Proceedings. My local CAB say they cannot help me with any form of Appeal due to funding issues, I have no Law Centres offering advice in my local area, and The Law Centre will only review my case for possisble help when I have already been given leave or otherwise to Appeal. What I need is advice regarding any errors of law which might have occurred and can't seem to find anyone to do that. I have read various info on this site and have found it very useful, but don't know if the fact that I feel the Tribunal did not take into account how severely my conditions affect me at different times and subsequently affect my ability to work is good enough reason to apply for leave to appeal.
I have been given wrong and conflicting advice from the Job Centre Plus and am at my wits end as to how to proceed. I am so sorry that this has been a long post, but any help would be very useful.
Many thanks
Last edit: 10 years 11 months ago by Gordon.
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10 years 11 months ago - 10 years 11 months ago #122048 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA 2nd tier Tribunal Appeal
Starlet97
Unfortunately there is no clear cut definition of what an Error of Law is that I can post in the forum, they fall within a group of headings but until you have received the Statement of Reasons and the Record of Proceedings you cannot begin to look.
What is an Error of Law?
You say that your ESA(CB) payments have stopped from 7 June, have you checked whether you are eligible for Income Related ESA?
Your eligibility is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you think that you are you should request an ESA3 from the DWP.
Gordon
Unfortunately there is no clear cut definition of what an Error of Law is that I can post in the forum, they fall within a group of headings but until you have received the Statement of Reasons and the Record of Proceedings you cannot begin to look.
What is an Error of Law?
You say that your ESA(CB) payments have stopped from 7 June, have you checked whether you are eligible for Income Related ESA?
Your eligibility is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you think that you are you should request an ESA3 from the DWP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 11 months ago by Gordon.
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10 years 11 months ago #122059 by Starlet97
Replied by Starlet97 on topic ESA 2nd tier Tribunal Appeal
Thank you Gordon for your info, I have already checked about the Income based ESA and do not qualify apparently. Requested Statement of Reasons about three weeks ago. Will post again when it arrives, thanks for your help.
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