ESA appeal Fail

Since 11 Dec 2015 i have been fighting to have my ESA reinstate.. Well on Sept 1 2016. my case was heard but I was not present and no-one to represent me... I was not award a single point. The original statement made by the Healthcare stand even with the letter from ATOS recognizing the fact that the assessment was not done correctly and missing information in regard of my health.

Now I must go and claim JSA an start looking for a job. I am so tired of trying to resolve this I cannot look for a job.. my body is not fit for it and does not respond anymore. I just reach 50 or in November. Which employer will want somebody who is always in pain full of medication making you sleepy.

Now I have decided to use my PIP to pay my rent and council tax I received the full for both part.

Well any info if I can claim ESA with a new certificate with a new condition not mention into my previous medical my certificate ..Because prior to it I was not suffering from high blood pressure I developed this on 24 Dec 2015 after the stress of having my claim refused. by a phone call from DWP. Any information will be welcome.

Thank you

Thank you Gordon..

all may not be lost

What was the reason you did not attend and were not being represented a the FTT?

A FTT must have good cause and be certain that an oral hearing is not needed to make a decision in the absence of the claimant. (even if you did not ask for an oral hearing).

You need to request a Statement of Reasons for the Decision as soon as possible and then seek help to consider if there is an "Error in law". to apply for an appeal to the Upper Tribunal.

I believe that if you request a UT appeal unless and until either permission to appeal is refused pr the appeal is heard you should still receive ESA at the pre assessment rate.

bill