- Posts: 51057
× Members
esa disallowed
- sandra
- Topic Author
13 years 2 weeks ago #53411 by sandra
esa disallowed was created by sandra
Hi,
I have just had my first tier tribunal for esa and dla i was tured down on both i summited new doc letter stating my condition is getting worse but the only took into account the decision from 20010 and did not want to know about my condition now.
Should i go to a higher tribunal or star over again.This has been going on for some time and i have only had the low rate to live on and think this might now stop.
Can anyone please help.
I have just had my first tier tribunal for esa and dla i was tured down on both i summited new doc letter stating my condition is getting worse but the only took into account the decision from 20010 and did not want to know about my condition now.
Should i go to a higher tribunal or star over again.This has been going on for some time and i have only had the low rate to live on and think this might now stop.
Can anyone please help.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
13 years 2 weeks ago #53413 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:esa disallowed
Sandra
Unfortunately a Tribunal can only consider evidence that is relevant to the time of the original decision, so the fact that your condition has deteriorated since then is outside of a Tribunals scope.
You can appeal to the Upper Tribunal, but only if you can show there has been an error of procedure or law, you won't receive any benefit while you do so, and you will need the assistance of a representative.
If the decision for your ESA (not the Tribunal one), is more than six months ago, then you can lodge a new claim. If not, and there has been a significant deterioration in your condition, then you can re-claim on this basis.
I don't think there are any equivalent timescales for making a new DLA claim, so you should be able to do so immediately.
Gordon
Unfortunately a Tribunal can only consider evidence that is relevant to the time of the original decision, so the fact that your condition has deteriorated since then is outside of a Tribunals scope.
You can appeal to the Upper Tribunal, but only if you can show there has been an error of procedure or law, you won't receive any benefit while you do so, and you will need the assistance of a representative.
If the decision for your ESA (not the Tribunal one), is more than six months ago, then you can lodge a new claim. If not, and there has been a significant deterioration in your condition, then you can re-claim on this basis.
I don't think there are any equivalent timescales for making a new DLA claim, so you should be able to do so immediately.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- sandra
- Topic Author
13 years 2 weeks ago #53414 by sandra
Replied by sandra on topic Re:esa disallowed
Hi Gordon,
Thanks for the reply,
Is said the decision of the secretary of state on 12/03/2010 is comfirmed, so it is well over six months. So i will re-claim as they did not have much information on my condition, my doctor is behind me all the way as the condition is getting worse.
Thanks for the reply,
Is said the decision of the secretary of state on 12/03/2010 is comfirmed, so it is well over six months. So i will re-claim as they did not have much information on my condition, my doctor is behind me all the way as the condition is getting worse.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris