ESA Upper tribunal

Talisman

An appeal to the UTT must be initiated within one month of the date of the hearing, it's unclear whether you are still within this period but I would send the request anyway but be aware it may be rejected, it will help if you can show Good Cause for the delay.

You cannot appeal further because you disagree with the Decision that was made at your hearing, only because you believe that you can show that that there was an Error of Law in it's making. The first stage to the appeal it to request a Statement of Reasons from the Judge in charge of your hearing, write a letter to the venue making the request.

What is an Error of Law?

Tribunals – Requesting a Statement of Reasons

Be aware that an appeal to UTT may take the best part of a year and you have no entitlement to the ESA Assessment rate during this time if indeed you are able to reclaim ESA at all, if you are in a UC Full Service area, then ESA is no longer available.

Gordon

[quote="Talisman
" post=210763]I have received the Statement of Reasons but don't know how to question if there is an error of law?
I feel the facts were ignored including medical evidence.[/quote]

I'm very limited on the advice I can give as I have no sight of any of the papers from your appeal.

The panel are entitled to choose the evidence that they give the most weight to but they must explain why they have done this.

You may not agree with their reasons but if they have provided them then there may be no error.

Things to look for, you be to be as objective as possible;

- Have they applied the law correctly?
- Have they paid adequate attention to any applicable Case Law?
- Are their reasons for the Decision detailed in the SoR and Record of Proceedings?
- Are their reasons consistent with the evidence available?

Gordon