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incapacity appeal court

  • stephen
  • Topic Author
13 years 6 months ago #27325 by stephen
incapacity appeal court was created by stephen
hi i got a doctor to visit me last november to see if i was fit to work he came to my house I am scared to go out the house.He asked me a number of questions before that i had passed 3 medicals as unfit to work this time i only scored 2 points i then appealed and got a date for a tribunral one of my problems is alchol and come nearer the date of the tribuneral i started drinking and did not attent my appeal. I realised how stupid this was and then asked the appeals court for a set aside so i could pressent my case i was declined the the set aside is there any appeal action i can take now the decision for the set aside was two weeks ago would be gratful with anyones help

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13 years 6 months ago - 13 years 6 months ago #27330 by Derek4
Replied by Derek4 on topic Re:incapacity appeal court
Hi Stephen

When you say that you asked the appeals court for a set aside, I take it you mean you applied to the First-Tier Tribunal for permission to appeal to the Upper Tribunal.

If this is the case, you can apply directly to the Upper Tribunal but you should seek advice from a welfare rights advisor. You have just one month from the date on the letter refusing permission to appeal.

Best wishes

Derek
Last edit: 13 years 6 months ago by Derek4. Reason: corrected name

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  • stephen
  • Topic Author
13 years 6 months ago #27399 by stephen
Replied by stephen on topic Re:incapacity appeal court
derek thanks for your reply it now stands that i have to send a letter requesting the full statement of my tribunal decision.
And once the judge sends that out i then can appeal to the upper teir so i sent the letter today but will not expect a reply for about a month as courts are jammed with appeals will keep you informed
thanks again derek for your reply stephen

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  • ken
13 years 6 months ago #27413 by ken
Replied by ken on topic Re:incapacity appeal court
Have you put in a claim for ESA or JobSeekers in the meantime?

If you apply for a new tribunal, then if you are refused they will stop paying you the reduced rate income support (if that is what you are currently claiming).

You can apply again to a higher tribunal, but during the time period in between being refused and getting to hear if they accept you for a second tribunal, they will refuse you income support (which stops housing benefit etc)

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  • stephen
  • Topic Author
13 years 6 months ago #27491 by stephen
Replied by stephen on topic Re:incapacity appeal court
thanks ken for your reply iam currently getting esa money which takes care of my housing benifit. I have to send in medical lines. i would like to pose another question if i get the the second tribunal and the overturn the decision and accept that i was not and am not fit for work do i get reinstated on IB and what happens to my esa claim stephen

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