lost appeal esa

neal76 wrote: Hello got o points on medical for esa last nov,l appealed gp gave me a letter quoting reg 29 said the process made me ill[diagnosed depression] submitted health worker faults on med report,
judge said before we started l was entitled to esa on grounds of depression if there answer was nowhich it was,im on high care high mobility, l don't know where l go from here hubby on carers ,im told if l go esa route again and loose l have to pay for appeal,or does hubby claim for me was told income support but the citizens advice says theres no income support so any advice please,l do think with arthritis both hips both shoulders multipul joints diabetic 2 diabetic neuropathy thyroid blood pressure vertigo all cronic severe walking balance probs ect that work is a no no,too ill somedays to get out of bed

Please forgive me but I am confused by your post

You say "judge said before we started l was entitled to esa", but then seem to be implying later on that you are not receiving it?

When you say "if l go esa route again" do you mean a new claim, or do you mean that you are in the WRAG and believe you should be in the Support Group?

Depending on your circumstances, you may not get paid while making an appeal, but I am not aware of any which would require you to pay for it.

If you are in one of the Universal Credit trial areas then you may not be able to make a new claim for Income Support, but if you are not then you should be able to make one providing that your husband is receiving Carers Allowance, not just caring for you.

Please reply to this post and we will try and provide more detailed information.

Gordon

neal76 wrote: sorry for confusion,been on incapacity since 2004,on high rate care and mobility,had medical for transfer nov 2012,was found fit no points,so l appealed

today l had appeal and lost
j
l was diagnosed jan 2013 anxiety depression

gp gave letter quoting reg 29
judge said letter was about health probs[depression] after medical decision ,which it was not

also before we began judge told me as l was diagnosed with depression 2013 l would be entitled to apply for esa,

l don't know what to do ,should l ask for there reasons for decision or reapply esa? hubby on carers for me don't know if hubby can claim anything as its stressfull,have l made it clearer now
l did feel they had made there minds up before appeal

As you were found Fit for Work, then there is no harm in your requesting a Statement of Reasons from the Judge.

Tribunals – Requesting a Statement of Reasons

However, you will only be able to pursue the matter if you can show there was an Error of LAw during the Proceedings or the Decision.

What is an Error of Law?

If you do no make an appeal to the Upper Tribunal then you will not be paid, but will not yourself have to pay to make the appeal.

You can make a new claim for ESA which can run in parallel to any further Appeal that you might make.

The comment from the Judge in regard to your depression was because this was a new condition, the Tribunal could not take account of it in making there Decision, this would not be the case for a new claim.

Gordon