incapacity appeal court

hi i got a doctor to visit me last november to see if i was fit to work he came to my house I am scared to go out the house.He asked me a number of questions before that i had passed 3 medicals as unfit to work this time i only scored 2 points i then appealed and got a date for a tribunral one of my problems is alchol and come nearer the date of the tribuneral i started drinking and did not attent my appeal. I realised how stupid this was and then asked the appeals court for a set aside so i could pressent my case i was declined the the set aside is there any appeal action i can take now the decision for the set aside was two weeks ago would be gratful with anyones help

Hi Stephen

When you say that you asked the appeals court for a set aside, I take it you mean you applied to the First-Tier Tribunal for permission to appeal to the Upper Tribunal.

If this is the case, you can apply directly to the Upper Tribunal but you should seek advice from a welfare rights advisor. You have just one month from the date on the letter refusing permission to appeal.

Best wishes

Derek

derek thanks for your reply it now stands that i have to send a letter requesting the full statement of my tribunal decision.
And once the judge sends that out i then can appeal to the upper teir so i sent the letter today but will not expect a reply for about a month as courts are jammed with appeals will keep you informed
thanks again derek for your reply stephen

Have you put in a claim for ESA or JobSeekers in the meantime?

If you apply for a new tribunal, then if you are refused they will stop paying you the reduced rate income support (if that is what you are currently claiming).

You can apply again to a higher tribunal, but during the time period in between being refused and getting to hear if they accept you for a second tribunal, they will refuse you income support (which stops housing benefit etc)

thanks ken for your reply iam currently getting esa money which takes care of my housing benifit. I have to send in medical lines. i would like to pose another question if i get the the second tribunal and the overturn the decision and accept that i was not and am not fit for work do i get reinstated on IB and what happens to my esa claim stephen