Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members

TOPIC: Where to go after appeal loss

Where to go after appeal loss 1 month 3 days ago #195968

Claire, I really think we need to wait until you have heard from the TS before we try and offer further advice. At the moment all we have is a rather confusing statement from a DWP call centre worker and, without wanting to be unkind, these people often give out erroneous and/or misleading information!
The following user(s) said Thank You: caiti

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Where to go after appeal loss 4 weeks 2 days ago #196242

Hi,

We've now received the letter from tribunal service regarding decision. This as per below...

1. Appeal is refused.
2. Decision made by Secretary of State on 9.12.2016 is confirmed.
3. My partner isn't entitled to ESA.
4. In applying for work capability assessment 0 points were scored from activities and descriptors in schedule 2 of ESA regulations 2008. This is insufficient to meet threshold for the test.
5. No schedule 3 descriptor applied.

Whilst tribunal accepts that my partner has back pain and anxiety the nature if the resulting limitations are insufficient to score the required number of points. In reaching the decision the tribunal placed particular reliance upon the evidence of the tribunal bundle.

The appellant did not attend despite requesting an oral hearing. Rules 2 and 31 of the tribunal regulations (first-tier tribunal) (SEC) Rules 2008 were considered prior to making the decision and, taking those rules into account, the tribunal considered it was appropriate to make a paper determination. The clerk contacted the appellant but went through the answer machine.

Just want to know where we go from here really.

Nothing was mentioned about his depression. We requested a paper hearing and he doesn't have an answer phone so really don't know where they have this information from.

Please, any help would be appreciated.

Many thanks


Claire

Please Log in or Create an account to join the conversation.

Where to go after appeal loss 3 weeks 6 days ago #196269

Claire

You have two options.

You can make a new claim for ESA immediately but to receive payment you will need to show, a deterioration in his conditions or a new condition, since the date of the failed claim, reasonably likely to result in an award. If no payment is made and an award is made then it will be backdated.

Secondly (and in addition but see at end) you can further challenge the Tribunal Decision but only if you can show that an Error of Law was made in the making of the panel's Decision, not because you disagree with that Decision.

Appeals to the Upper Tier Tribunal can take a long time, it's not unusual for them to take the best part of a year and you would almost certainly have to face a new First Tier appeal. So whether you appeal further or start a new claim, you will need to deal with the issues that have so far prevented an award.

What is an Error of Law?

Tribunals – Requesting a Statement of Reasons

Also be aware, starting a new claim will limit any award made at appeal, so taking a worst case scenario, if your were able to successfully appeal the Decision and the new award results in no award again, then it will be the latter that is taken forward.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Moderators: bro58GordonMrs Hurtyback