LOST TRIBUNAL APPEAL

Hi lost my appeal for esa been wait over a year suffer from multi medical conditions. Is there any thing more I can do or have I like many more people come to the end of the line I am a little more fortunate then some.

I have a very small pension from my ex employer but still very upset with the decision sorry for my moan but you will under stand how I am feeling tonight..

buntiehare wrote: Hi lost my appeal for esa been wait over a year suffer from multi medical conditions. Is there any thing more I can do or have I like many more people come to the end of the line I am a little more fortunate then some.

I have a very small pension from my ex employer but still very upset with the decision sorry for my moan but you will under stand how I am feeling tonight..

Hi bh,

I am really sorry to hear that.

I assume that you were appealing a fit for work decision.

You can see whether there has been an Error of Law in the Tribunal coming to the adverse decision.

Your first step here would be to request a written statement of reasons from the Tribunal within one month of the date of the decision notice letter.

You may need professional advice on this, but legal aid is available for Upper Tier (UT) Appeals. :

What is an Error of Law?

Tribunals – Requesting a Statement of Reasons

Appealing to The Upper Tier, DR UK Factsheet

Where to get advice?

Even if there has been an Error of Law, and you were allowed to appeal to The UT, this would not results in you receiving any benefit payments.

Therefore, whether you appeal to The UT or not, as I see from your previous post that more than 6 months has elapsed since the original fit for work decision, you can make a fresh claim for ESA :

www.gov.uk/employment-support-allowance/how-to-claim

You would also have to gain fit notes from your G.P. and send them to the DWP :

Sending Documents to the DWP or ATOS

Once your fresh claim is accepted, you should be entitled to assessment rate ESA until you undergo another ESA assessment.

You can of course appeal to The UT, if allowed, and make a fresh ESA claim.

Please reply to this topic if you have further queries.

bro58

thank you bro58
i have a fitnote at the dwp untill october 2013 if i reappled for esa would this fit note cover me or would i need a fresh one from my GP thank you.

buntiehare wrote: thank you bro58
i have a fitnote at the dwp untill october 2013 if i reappled for esa would this fit note cover me or would i need a fresh one from my GP thank you.

Hi bt,

As it would be a fresh claim, and a new period of being "unfit for work", you should obtain a fresh "fit note" (Med 3) from your G.P.

The first two Med 3's cannot exceed 3 months each in duration. After the first 6 months, any subsequent Med 3's can be for 6 months or longer.

Keep copies of the Med 3.

Do I need to provide a Fit Note?

Sending Documents to the DWP or ATOS

Have a look at these two posts, if you think that you may be in a similar situation, please repost :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=99031#110469

www.benefitsandwork.co.uk/forum?view=top...d=10&id=99031#110471

bro58

hi could i ask do i send to the tribunal service that heard my hearing for my statement of reason and record of proceedings or is it the dwp kind regards

buntiehare wrote: hi could i ask do i send to the tribunal service that heard my hearing for my statement of reason and record of proceedings or is it the dwp kind regards

Hi bh,

I refer you back to my previous post here :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=99214#110465

Your request for the Statement of Reasons/Record of Proceedings should be made to the TS that made the decision, within one month of the date of the written decision notice letter that you should have received from them.

The relevant address should be on the decision notice letter from the TS.

bro58