Failed appeal at tribunal

Hi hoping you can help,

I am trying to help my friend who was found fit for work at her esa medical 12 mths
ago, after being on IB for 15 yrs , lodged an appeal, just attended her tribunal appeal and failed.

She completed the ESA50 and appeal forms and attended the tribunal all on her own,
with no guidance or clue what to do. It seems she had completed the forms for mental
& physical problems but they have tested her on physical only when her biggest
problem is mental health, thats why she couldn't complete the forms with much content
as the serverity of her mental health prevents her being able to do so. She had written
so little on the forms that DWP contacted her to ask for more info.

On going to the jobcentre to sign on she informed them of her mental health probs and
the fact she has had 2 breakdowns but they said that wasn't their concern, shes in bits
and can't cope.

To cut a long story short would it be best to appeal the 1st tier tribunal descision which
was for physical problems she had 12 months ago and get help from the welfare rights,
or can she make a new claim for ESA on mental health grounds? can she do this straight
away if she gets a sick note from her doctor?

Also she has had no letter to confirm why she failed the appeal only that she has failed

Many many thanks
B

Hi Bam,

I am so sorry that your friend has gone through this, especially on her own.

The Tribunal do not tell the claimant the reasons for refusing the appeal but requesting a Statement of reasons is the first step in taking things further. This must be done within one month of the tribunal

Tribunals – Requesting a Statement of Reasons

Your friend would then need an expert to look at the SoR to see if there might be an 'Error of Law' as this is the single reason that it might be taken further. I believe that Legal Aid is still available, for those who qualify, for Upper Tier appeals.

What is an Error of Law?

Nothing further will be paid for this claim until/unless this decision is overturned and another made in your friend's favour (which, to be honest, is unlikely).

As the first claim was made on physical health grounds, I believe that your friend can submit a new claim straight away and be paid the assessment rate. A new 'fit mote' must be submitted too.

A new claim and an appeal to the Upper Tribunal can run concurrently.

Hi Mrs Hurtyback,

Thanks ever so much for your quick reply, I will pass on your reply.

I think it would be better for her to make a new claim on mental health grounds as the stress
of the previous claim is proving too much for her to deal with at the mo and may not be
successful.

I will help her fill in the ESA50 in depth, with the help of the guides from this site
as without them and the help of you lovely people on this forum I would not have been
able to cope with my own claim that proved successful.

Forever grateful

Bam

You should report all of your friend's conditions, mental and physical rather than one or the other. You never know where she might pick up a few points that could make all the difference!