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ESA appeal decision - from Support Group to WRAG

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5 years 10 months ago #213364 by Zoden
I’m new here so bear with me. My tribunal was ‘appeal allowed’ but only on the schedule 29 and not on my illness (anxiety/panic attacks, scoliosis and agoraphobia). It was supposed to be a telephone hearing due to my Agoraphobia and my daughter as my representative as well as CAB. My daughter sent a letter to request a paper hearing as she was on a short notice emergency list for an operation and it was denied. On the day of the hearing we waited for the phone call but after half a hour she rang to find out it had been a paper hearing. I don’t know how they reached their decision as I was never sent any correspondence as to what to do and the only evidence they had was a letter from my GP and I presume the report from the Medical Assessor which was all false. I can’t sleep and feel like I’m losing my mind with my Anxiety reaching a level I can’t control. I received a basic payment of ESA while the Tribunal took place but only for 365 days. It took 13 months to get a Tribunal date. When my daughter spoke to ESA they said I would be put in the WRAG for 365 days but I’m worried I have already had it and it won’t start again. I am currently awaiting the ‘statement of reasons’ from the Tribunal. I hope someone can help me as I can’t wait the 3 days until CAB get back to me and ESA just tell me to wait 2 weeks. I only have 4 weeks to appeal and it’s been 6 days. I appreciate any help or advice xx

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5 years 10 months ago #213377 by Gordon
Denzo

If you have requested a Statement of Reasons from the Judge of your hearing then you will have one month from the date that the SoR is produced to make an appeal to the Upper Tier Tribunal.

Please be aware, you cannot appeal the Decision because you disagree with it, only because you believe that there was an Error of Law in it's making

What is an Error of Law?

Gordon

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

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5 years 10 months ago #213447 by Zoden
Thank you Gordon. My daughter has spoken to CAB and he says there was an error of law due to them going ahead with the paper hearing when they clearly stated in writing that it would remain a telephone hearing. Still waiting to hear from ESA
The following user(s) said Thank You: Gordon

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