Appeal to Higher Tribunal

carmind wrote:

Just lost an ESA Tribunal but evidence was missing. Want to appeal to the Higher Tribunal. During this appeal process, do ESA payments continue at the assessment rate?

I'm afraid you are not eligible for any payments whilst appealing to the Upper Tribunal, however, providing your GP is prepared to provide Fit Notes you can make a new claim for ESA.

The first stage of appealing to the Upper Tribunal is to request a Statement of Reasons, see

Tribunals – Requesting a Statement of Reasons

You will need to show that there has been an Error of Law, see

What is an Error of Law?

I would strongly recommend you get advice from an advisor with specific experience in this area. See

Where to get advice?

Gordon