- Posts: 1
× Members
I lost my Appeal yesterday
- Hazeleyes1986
- Topic Author
- Offline
Less More
11 years 5 days ago - 11 years 5 days ago #120542 by Hazeleyes1986
I lost my Appeal yesterday was created by Hazeleyes1986
I went for my appeal hearing yesterday and my mum went with me. I suffer from depression, stress, anxiety, post tramatic stress syndrome which caused me to have a panic before the hearing and I was upset during the hearing.
I had a nice judge but the doctor wasn't very nice and he was vermy smugg. I am not happy because he did not take any of my health problems into consideration and al the medical evidence I provided regarding to major surgeries I've had were hardly discussed and he asked me stupid questions which weren't relevant. I am going to appeal aganist this decision and take it higher.
I wanted to know if anyone else has done this and how they went about it. I would welcome advice and information.
Thank you
I had a nice judge but the doctor wasn't very nice and he was vermy smugg. I am not happy because he did not take any of my health problems into consideration and al the medical evidence I provided regarding to major surgeries I've had were hardly discussed and he asked me stupid questions which weren't relevant. I am going to appeal aganist this decision and take it higher.
I wanted to know if anyone else has done this and how they went about it. I would welcome advice and information.
Thank you

Last edit: 11 years 5 days ago by slugsta.
Please Log in or Create an account to join the conversation.
- slugsta
- Offline
Less More
- Posts: 9439
11 years 5 days ago #120549 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic I lost my Appeal yesterday
Hi and welcome to the forum. On the assumption that you are also new to the site, this FAQ should help you find your way around.
Welcome to Benefits and Work
It appears that your username could be your real name. If you wish to change it, in order to maintain an element of anonymity, you can do so by following the advice in this FAQ.
My full name is showing, how can I stop it?
I'm sorry that the appeal tribunal did not go in your favour. You can only take this further if you can show that there was an 'Error of Law', not because you disagree with the decision. As a first step, you must send for a 'Statement of Reasons' within 30 days of the tribunal decision. This will probably take some time to arrive
You would then have another 30 days in which to get the SOR looked at by an expert, identify any Error of Law and submit a request to appeal to the tribunal service.
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
We are not able to help much with appeals to the Upper Tier Tribunal, which is why I mentioned finding an expert ot help you. Legal Aid is still available for people appealing to the Upper Tier, depending on your financial circumstances.
Where to get advice?
I'm afraid that you will not receive any further payment on this claim but you can submit a reclaim at any stage (as I'm sure more than 6 months will have passed since the original decision) as long as you still qualify on contributory or finanacial grounds. I suggest that you make full use of our ESA guides if you do reapply.
ESA claims and appeals
Please reply to this post with any further questions and we will do our best to advise you. You can find this topic easily in future if you bookmark it, or make it a favourite, on your web browser now
Welcome to Benefits and Work
It appears that your username could be your real name. If you wish to change it, in order to maintain an element of anonymity, you can do so by following the advice in this FAQ.
My full name is showing, how can I stop it?
I'm sorry that the appeal tribunal did not go in your favour. You can only take this further if you can show that there was an 'Error of Law', not because you disagree with the decision. As a first step, you must send for a 'Statement of Reasons' within 30 days of the tribunal decision. This will probably take some time to arrive

Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
We are not able to help much with appeals to the Upper Tier Tribunal, which is why I mentioned finding an expert ot help you. Legal Aid is still available for people appealing to the Upper Tier, depending on your financial circumstances.
Where to get advice?
I'm afraid that you will not receive any further payment on this claim but you can submit a reclaim at any stage (as I'm sure more than 6 months will have passed since the original decision) as long as you still qualify on contributory or finanacial grounds. I suggest that you make full use of our ESA guides if you do reapply.
ESA claims and appeals
Please reply to this post with any further questions and we will do our best to advise you. You can find this topic easily in future if you bookmark it, or make it a favourite, on your web browser now

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David