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10 years 7 months ago #125386 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Michelle
You have one month to submit an appeal to HM Courts and Tribunal Service, there are links to the form required and the procedure in the ESA MR & Appeal guide.
www.benefitsandwork.co.uk/help-for-claimants/esa1
It may be possible to make a Late Appeal outside of the one month but we do not recommend your doing this, you would need to show Good Cause as to why it is late and the TS are not required to accept your reasons.
Gordon
You have one month to submit an appeal to HM Courts and Tribunal Service, there are links to the form required and the procedure in the ESA MR & Appeal guide.
www.benefitsandwork.co.uk/help-for-claimants/esa1
It may be possible to make a Late Appeal outside of the one month but we do not recommend your doing this, you would need to show Good Cause as to why it is late and the TS are not required to accept your reasons.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 6 months ago #126321 by Somerset21
Replied by Somerset21 on topic ESA
Hi. I went to my doctors yesterday and it looks like I may have Plantar fasciitis and I have had a heel spur since at least May. It looks like my doctor had not looked at my x ray results until yesterday when I mentioned them. How would that stand with my ESA and PIP tribunals I am waiting for,.
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10 years 6 months ago #126324 by Gordon
The appeal panel cannot consider any deterioration that has occurred since you were assessed, if you were suffering from the problems related to these problems at the time of the assessment then you will need to show that this was the case. If possible your doctors need to indicate this in any reports that they make about your conditions, failing that if you can show that the original investigations (X-Rays etc.) were done at the time of the assessment then this should be sufficient.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Michelle wrote: Hi. I went to my doctors yesterday and it looks like I may have Plantar fasciitis and I have had a heel spur since at least May. It looks like my doctor had not looked at my x ray results until yesterday when I mentioned them. How would that stand with my ESA and PIP tribunals I am waiting for,.
The appeal panel cannot consider any deterioration that has occurred since you were assessed, if you were suffering from the problems related to these problems at the time of the assessment then you will need to show that this was the case. If possible your doctors need to indicate this in any reports that they make about your conditions, failing that if you can show that the original investigations (X-Rays etc.) were done at the time of the assessment then this should be sufficient.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 6 months ago #126328 by Somerset21
Replied by Somerset21 on topic ESA
Thank You Gordon. I had my PIP assessment end of July and ESA assessment in August. I have been having problems since last year but my doctor said he thought it was just my Fibromyalgia but he arranged an x ray in May and that showed a heel spur but I did not know this until yesterday.
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10 years 5 months ago - 10 years 5 months ago #126757 by Somerset21
Replied by Somerset21 on topic ESA
I have received a letter today. It is a Directions Notice.
The Respondent has served notice in relation to this appeal under section 26 of the Social Security Act 1998 requiring the tribunal either (a) to stay this appeal pending the outcome of a proposed challenge in the Court of Appeal to the decision of the Upper Tribunal IM v Secretary of state for work and pensions (ESA) (1014) UKUT 0412 (AAC) or (b) to determine the appeal in accordance with sub-section 26 (4) (b) of the Act.
The Respondent has served notice in relation to this appeal under section 26 of the Social Security Act 1998 requiring the tribunal either (a) to stay this appeal pending the outcome of a proposed challenge in the Court of Appeal to the decision of the Upper Tribunal IM v Secretary of state for work and pensions (ESA) (1014) UKUT 0412 (AAC) or (b) to determine the appeal in accordance with sub-section 26 (4) (b) of the Act.
Last edit: 10 years 5 months ago by .
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10 years 5 months ago - 10 years 5 months ago #126759 by
Hi M,
Have a read through : This Post, and the rightsnet thread link therein.
It seems that The Tribunals are issuing these "stays" wholesale for anyone appealing to gain access to The SG pending the outcome of an appeal to the Appeals Courts by The Secretary of State (S of S) regarding the 3 Judge Panel UTT Decision in IM v The S of S for DWP.
If one was being cynical, this could be seen as delaying tactics by IDS.
bro58
Replied by on topic ESA
Michelle wrote: I have received a letter today. It is a Directions Notice.
The Respondent has served notice in relation to this appeal under section 26 of the Social Security Act 1998 requiring the tribunal either (a) to stay this appeal pending the outcome of a proposed challenge in the Court of Appeal to the decision of the Upper Tribunal IM v Secretary of state for work and pensions (ESA) (1014) UKUT 0412 (AAC) or (b) to determine the appeal in accordance with sub-section 26 (4) (b) of the Act.
Hi M,
Have a read through : This Post, and the rightsnet thread link therein.
It seems that The Tribunals are issuing these "stays" wholesale for anyone appealing to gain access to The SG pending the outcome of an appeal to the Appeals Courts by The Secretary of State (S of S) regarding the 3 Judge Panel UTT Decision in IM v The S of S for DWP.
If one was being cynical, this could be seen as delaying tactics by IDS.
bro58
Last edit: 10 years 5 months ago by .
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