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Lost appeal
- J Wood
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7 years 5 months ago #174874 by J Wood
Lost appeal was created by J Wood
I was previously in the ESA support group but after being assessed in June this year was put in the WRAG. Tribunal today didn't go in my favour. What would you advise I do?
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7 years 5 months ago #174878 by Gordon
Your options are very limited.
You can see whether an Error of Law was made in the making of the Tribunal's Decision, but even if there is the most likely result would be a new Tribunal with no guarantee of an SG award, this could take the best part of a year to resolve. See
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
If you can provide medical evidence to support a deterioration in your conditions such that you would now meet the SG criteria then you can ask to be reassessed. But be aware this is a full reassessment of your claim, not just the change, so a new ESA50 and almost certainly a face to face assessment and again they may still decide that you do not meet the SG criteria, although it will create a new opportunity for an MR and appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Lost appeal
julie wood wrote: I was previously in the ESA support group but after being assessed in June this year was put in the WRAG. Tribunal today didn't go in my favour. What would you advise I do?
Your options are very limited.
You can see whether an Error of Law was made in the making of the Tribunal's Decision, but even if there is the most likely result would be a new Tribunal with no guarantee of an SG award, this could take the best part of a year to resolve. See
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
If you can provide medical evidence to support a deterioration in your conditions such that you would now meet the SG criteria then you can ask to be reassessed. But be aware this is a full reassessment of your claim, not just the change, so a new ESA50 and almost certainly a face to face assessment and again they may still decide that you do not meet the SG criteria, although it will create a new opportunity for an MR and appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- J Wood
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7 years 5 months ago #174879 by J Wood
Replied by J Wood on topic Lost appeal
Thank you for your advice
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