First Tier Tribunal Appeal - Refused

Spinninglizzy wrote: Attended my IB to ESA tribunal today. It was refused. I kept the 6 points awarded by the ATOS HCP but wasn't awarded anything further. I would now like to find out what the next step, if any, will be as I am not satisfied with the results because the tribunal chose to accept the report of Atos HCP above that of my GP. I will be very glad of any advice/help
Spinninglizzy

You can only appeal to the Upper Tribunal on there being an Error of Law

What is an Error of Law?

The first stage to this is to request a Statement of Reasons

Tribunals – Requesting a Statement of Reasons

Also, you are not entitled to any payments whilst appealing to the Upper Tribunal.

You are entitled to Legal Aid, so it is worth your seeking advice from a trained advisor with experience in this area.

You can make a new claim for ESA providing that your GP is prepared to continue to provide you with Fit Notes. If you have not worked for a while, for example if you were on IB before the transfer, then you will only be able to ESA(IR) which is subject to a means test of household income, assets and savings, and any hours that a partner works.

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

If you have any questions on this, please reply to this post.

Gordon