Esa appeal

Debbie

First a word of warning, the panel can only consider you condition as it was at the time of the Decision being appealed, they cannot take into account any changes that have occurred since them, so you need to careful how you explain your problems so as not to confuse them about which time period you are talking about.

Hopefully it won't but if the panel do not change the original Decision then you have a number of options.

- you can appeal their Decision to the Upper Tribunal if you can show that there has been an Error of Law in the proceedings

- you can make a new claim for ESA, based on your current conditions, whether you will qualify for Contribution Based ESA will depend on your NI Contribution history and the relevant Tax Years, alternatively you may qualify for Income Related ESA dependant on your household income, assets and savings and any hours that a partner works.

- for completeness, you can claim JSA, subject to your being able to meet the requirements of a Job Seekers agreement.

If the worst does happen, come back to the forum and we can explain your options in more detail.

Gordon

Debbie

We will be happy to explain the appeal process to the UTT if it is needed, but I think it is pre-emptive to do so now as it will distract you from putting the best case forward at your appeal.

If have to make a claim for ESA after the hearing then it will be classed a new claim, you can only request a SuperSession against an existing claim.

Gordon