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Advice re esa appeal to upper tribunal

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gudgeonpin
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13 years 1 month ago #76560 by gudgeonpin

Advice re esa appeal to upper tribunal was created by gudgeonpin

First post and great site!
Last week I lost my esa appeal. I am considering appealing to the upper tribunal.
1.Am I entitled to stay on esa whilst going through appeals process-or will I be forced to go onto jsa?

2.It took 12 months for my first esa appeal to be heard, do you know whether the upper tribunal is a quicker process?

3.I am tempted to give up at this stage, but know I am simply not well enough to go back to work.

Any advice gratefully received,
Many thanks to all who have contributed to this forum already,

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Gordon
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13 years 1 month ago - 13 years 1 month ago #76562 by Gordon

Replied by Gordon on topic Re:Advice re esa appeal to upper tribunal

gudgeonpin

Welcome to the forum.

As you are new to the site, have a look at the following FAQ which explains where everything is.

Welcome to Benefits and Work

Whether you take it further or not, you must request a Statement of Reasons from your hearing, see

Tribunals – Requesting a Statement of Reasons

1. I am afraid you are not entitled to ESA while appealing to the Upper Tribunal, however, if your GP is still prepared to submit Fit Notes and it is more than six months since the original Decision, you can make a new claim for ESA which can run in parallel to any appeal to the UT.

2. Upper Tribunal hearings usually take about six months, remember, you can only appeal to the UT if you can show there has been an Error of Law, see

What is an Error of Law?

3. See my answer to (1).

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Last edit: 13 years 1 month ago by Gordon. Reason: spelling

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gudgeonpin
Topic Author

13 years 1 month ago #76567 by gudgeonpin

Replied by gudgeonpin on topic Re:Advice re esa appeal to upper tribunal

Hi Gordon,
Many thanks for a swift reply

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