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Appeal loost
- john
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9 years 10 months ago #137312 by john
Appeal loost was created by john
Hi all,
I had an appeal on Monday, I scored 0 points from my esa, followed all the links and ideas from here, got notification today Appeal refused.
I was involved in a very serious car accident 2 years ago I had a L3 burst fracture and had to undergo front and back surgery, I suffer with a lot of pain and struggle to walk, what can I do now.
many thanks
I had an appeal on Monday, I scored 0 points from my esa, followed all the links and ideas from here, got notification today Appeal refused.
I was involved in a very serious car accident 2 years ago I had a L3 burst fracture and had to undergo front and back surgery, I suffer with a lot of pain and struggle to walk, what can I do now.
many thanks
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9 years 10 months ago #137318 by Gordon
I am afraid your options are extremely limited.
As your were found Fit for Work you cannot make a new claim for ESA unless you can show that you have a new condition or that there has been a documented deterioration in your original conditions such that you would now potentially score enough points for an award.
You can appeal this Tribunal Decision but only on the basis that there has been an Error of Law, not because you disagree with it, the first stage to this is to request a Statement of Reasons. See
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
Even if you think that there is an Error you are not entitled to payment and the process could easily take the best part of a year and you may still end up with no award.
Finally and for completeness you can claim JSA, you may be able to reduce any job search requirement to a level that would allow you to claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal loost
john wrote: Hi all,
I had an appeal on Monday, I scored 0 points from my esa, followed all the links and ideas from here, got notification today Appeal refused.
I was involved in a very serious car accident 2 years ago I had a L3 burst fracture and had to undergo front and back surgery, I suffer with a lot of pain and struggle to walk, what can I do now.
many thanks
I am afraid your options are extremely limited.
As your were found Fit for Work you cannot make a new claim for ESA unless you can show that you have a new condition or that there has been a documented deterioration in your original conditions such that you would now potentially score enough points for an award.
You can appeal this Tribunal Decision but only on the basis that there has been an Error of Law, not because you disagree with it, the first stage to this is to request a Statement of Reasons. See
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
Even if you think that there is an Error you are not entitled to payment and the process could easily take the best part of a year and you may still end up with no award.
Finally and for completeness you can claim JSA, you may be able to reduce any job search requirement to a level that would allow you to claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: john
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- john
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9 years 10 months ago #137326 by john
Replied by john on topic Appeal loost
Many thanks will ask for a statement of reasons, and will have to find some way of finding an error
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