failed by the system

I lost my appeal for transfer from ib to esa in february i've got statement of reason i need a knee replacement
the judge said it was a stiff knee i was
just putting this on to boost my benefit
claim .Is this a point of law to appeal to
upper tribunal .i've since had a hospital
appointment who said i need a total knee replacement the drawback meaning my age i'm
54 this year.I've been left with nothing
my husband works more than 24 hours so
i can't claim income based esa or jsa.
i've been told claim dla been refused this in the past so many people will be left with nothing so wrong

Hi,

If I understand you correctly, you've just been informed since your Tribunal that you need a knee replacement, if so then the Tribunal haven't made an error of law if they weren't aware of that.

In any event as your appeal was in February, it's now too late to submit any further appeal, you need to do that within a month unless there are special circumstances why you couldn't appeal. ESA is not one of the benefits I normally deal with but I am 'au fait' with how the appeals system works.

You need to provide the Decision Maker who adjudicated on your claim with written evidence that you need a knee replacement, and they can look at your ESA claim again.

As far as DLA is concerned, this is paid to chronically sick/disabled people who have care and/or mobility needs, so nothing to stop you making a new claim for DLA.

Hope this helps.

Jim

they were advised at tribunal i needed
knee replacement i told the tribunal that
i had an appointment at hospital.
it's been discussed since last year .