appeal for revokation of esa

HELP!!!! my duaghters mam has had her new application for esa rejected by a desicion maker. the tribunal decided on 19th march that the descripters where correct(nothings changed their then)(rubbish)! however her doctor gave her a 3 month sick note and told her not to work ! the last atos medical was 9 months before the tribunal decision. can she reapply with the same condition after 8 months atos desision or must the condition have worsened ,The DM for the DWPsaid the descrioters said she is fit for work .however she has multiple conditions and the condition worsenes even with house work never mind a full time torture session (work) in pain! what should or how should she answer the appeal to the dwp as they refuse to grant an appeal if they think its not a good reqason .we would like a repley if possible as the appeal 28 days are running out and she has had no benefits for 4 months

Hi,

We cannot give advice on individual claims, all we can do is to try our best to explain how the system works. See FAQ

A decision of what's called the First-tier Tribunal can only be appealed to the Upper Tribunal (formerly called Social Security Commissioners) if the First-tier Tribunal has made an error of law in reaching their decision.

The only way to find out if this has happened is to request from the Tribunals Service a full statement of reasons (SOR) for their decision.

Once the SOR has been received, your daughter's mother needs to seek 'face to face' advice from a benefits adviser. Most CAB's offer this kind of help, or contact Community Legal Advice

Hope this information is of help.

Good luck.

Jim

Hi Jim , shes appleid for ESA again and the DM for the DWP has refused her esa .on the grounds that the descriptrers said she was fit for work! (rubbish).the last atos test was 9 months ago she is appealing against the new DM refusal. whats the best stock answer to put down .i.e. I m appliying because my last atos test was 9 months ago and believe i can reapply after 6 months or that al my conditions worsen daily e tc thx

As Jim has said we as mods cannot give advice on individual claims as explained in the FAQ page, however if you download the Guide Employment and Support Allowance Appeals this should give you a very good idea of how to approach the appeal.