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Health Assessment (my journey) :-(

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5 years 11 months ago #230385 by Stressed
Replied by Stressed on topic Health Assessment (my journey) :-(

Gordon wrote: Stressed

Don't assume you can make an appeal to the UTT, it will depend on what is in the SoR.

Gordon



Do you mean I may not be allowed to appeal to the upper tribunal?

Is there a template to request the Statement of Reasons and the Record of Proceedings ?

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5 years 11 months ago #230386 by Gordon
Replied by Gordon on topic Health Assessment (my journey) :-(
Stressed

I mean that you may not have reason to appeal to the UTT, it is all down to whether you can show that there was an Error of Law in the making of the Decision, not because you disagree with the Decision that was made.

There's no template all you have to do is to write to the Tribunal venue requesting the Judge in charge of your hearing provide a SoR and RoP.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 11 months ago #230388 by Stressed
Replied by Stressed on topic Health Assessment (my journey) :-(

Gordon wrote: Stressed

I mean that you may not have reason to appeal to the UTT, it is all down to whether you can show that there was an Error of Law in the making of the Decision, not because you disagree with the Decision that was made.

There's no template all you have to do is to write to the Tribunal venue requesting the Judge in charge of your hearing provide a SoR and RoP.

Gordon



Oh ok.

From looking at the guides it will probably fall in to these to reasons depending on what they send me:


The decision made is supported by no evidence.

The tribunal did not give proper findings of fact or provide adequate reasons for its decision. There must be sufficient reasons so that you can see why it reached the decision it did.

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5 years 11 months ago #230477 by Stressed
Replied by Stressed on topic Health Assessment (my journey) :-(
I have someone that is going to help me request the statement of reasons.


Will I continue to receive ESA at assessment rate while I'm waiting and if I'm able to go to the upper tribunal?

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5 years 11 months ago #230503 by Gordon
Replied by Gordon on topic Health Assessment (my journey) :-(

Stressed wrote: Will I continue to receive ESA at assessment rate while I'm waiting and if I'm able to go to the upper tribunal?


No, I'm afraid it's not payable during a UTT appeal. However, if the First Tier Decision is Set Aside then the Assessment rate should become payable again, from the date of the first hearing, subject to your having Fit Notes to cover the period.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 11 months ago #230515 by Stressed
Replied by Stressed on topic Health Assessment (my journey) :-(

Gordon wrote:

Stressed wrote: Will I continue to receive ESA at assessment rate while I'm waiting and if I'm able to go to the upper tribunal?


No, I'm afraid it's not payable during a UTT appeal. However, if the First Tier Decision is Set Aside then the Assessment rate should become payable again, from the date of the first hearing, subject to your having Fit Notes to cover the period.

Gordon


Oh no :-(

So they would have already stopped my ESA then?
If so what will I do for money.

When you say if the first tier is set aside, do you mean if I win at the upper tribunal?

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