Failed tribunal on 17/12/12. But I am still disabl

bro58 wrote: Hi IG,

Did you get all the information that I posted regarding appealling to the UT, fresh claim of ESA etc, etc.

We seem to have some glitches in our new software.

bro58

REPOSTED :

Hi IG,

The only reason that you can appeal to The Upper Tier regarding a First Tier Tribunal decision, is if there has been an : Error of Law? .

You cannot appeal to The UT just because you do not agree with their decision.
Your first step would be to request a : Written Statement of Reasons , you have one month to do this.

It would then be advisable to obtain professional advice to ascertain whether or not you can proceed due to there being an Error of Law, see : Where to get advice?

You should also be aware that you will not receive any payment of the assessment rate of ESA, as you did with your appeal to The FT Tribunal, whilst awaiting the appeal to The UT.

You can make a fresh claim for ESA using the : ESA 1 Form , (which can be filled in interactively) as long as there has been 6 months or more since the last ESA decision, (which appears to have been Aug 2012), you would also need a Med 3 fit note from your G.P.

You can make a fresh claim before this 6 months has elapsed, but you would have to prove that your medical conditions have deteriorated, or that you are now suffering from different medical conditions. Again you would need a Med 3 from your G.P. to confirm this.

If the ESA that you have been getting paid is Contribution Based ESA, (even at the assessment rate) then this may be applicable : 12 Month Limit for ESA(CB)

All the best for the yuletide holidays.

bro58