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ESA appeal
- pauline17
- Topic Author
13 years 1 week ago #78729 by pauline17
ESA appeal was created by pauline17
Failed my ESA Appeal, been sent the reasons
from the Tribunal,dont no whether to appeal
to upper tribunal, still being paid the
Assesment rate, if i fail the upper tribunal,can i make a fresh claim.
from the Tribunal,dont no whether to appeal
to upper tribunal, still being paid the
Assesment rate, if i fail the upper tribunal,can i make a fresh claim.
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- bro58
13 years 1 week ago - 13 years 1 week ago #78731 by bro58
Replied by bro58 on topic Re:ESA appeal
pauline17 wrote:
Hi P,
See : Tribunals – Requesting a Statement of Reasons
And : What is an Error of Law?
With respect to appealing to the UT.
Please be aware that you would not be entitled to Assessment Rate of ESA whilst appealing to the UT.
You can make a fresh claim for ESA, if either 6 months or more has passed since the date of the adverse decision that you appealed (not the date of the Tribunal decision), or your medical condition has deteriorated or you have new medical conditions.
You would of course need a "fit note" from your G.P. to make a fresh claim.
bro58
Failed my ESA Appeal, been sent the reasons
from the Tribunal,dont no whether to appeal
to upper tribunal, still being paid the
Assesment rate, if i fail the upper tribunal,can i make a fresh claim.
Hi P,
See : Tribunals – Requesting a Statement of Reasons
And : What is an Error of Law?
With respect to appealing to the UT.
Please be aware that you would not be entitled to Assessment Rate of ESA whilst appealing to the UT.
You can make a fresh claim for ESA, if either 6 months or more has passed since the date of the adverse decision that you appealed (not the date of the Tribunal decision), or your medical condition has deteriorated or you have new medical conditions.
You would of course need a "fit note" from your G.P. to make a fresh claim.
bro58
Last edit: 13 years 1 week ago by bro58. Reason: spelling
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- Gordon
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13 years 1 week ago #78732 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA appeal
pauline17 wrote:
Gordon
Appeals to the Upper Tribunal, can often take a year to be resolved, and you are not eligible for the ESA Assessment rate while you wait, so you should certainly consider a new claim for ESA, whatever you decide to do regarding a further appeal.Failed my ESA Appeal, been sent the reasons
from the Tribunal,dont no whether to appeal
to upper tribunal, still being paid the
Assesment rate, if i fail the upper tribunal,can i make a fresh claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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