Tribunal Hearing

Milly wrote:

Sorry to be depressing but have received results and 0 score was upheld. My advocate is stunned at the result and cannot understand it. Parts of the areas where I did score points according to the tally done by my advocate where completely ignored. The tribunal seems nolonger impartial. Is there anyway the decision can be looked at again on the original information. The only thing i can see is to start the whole process again at the doctors. Do you still get esa with new sick notes after the tribunal?

Just too tired and too ill to know what to do

I am sorry to hear your news.

As you have a representative, you really should be talkingto them in the first istance regarding further action.

You cannot take your claim further because you disagree with the Decision.

If you can show that there has been an Error of Law in the proceedings then you can appeal to the Upper Tribunal, the first stage to doing this is to request a Statement of Reasons from the judge. See

What is an Error of Law?

Tribunals – Requesting a Statement of Reasons

As an aside, if you do appeal to the UT you will not receive the ESA assessment rate while doing so.

If the Tribunal hearing was more than six months after the Decision you appealed then you can make a new claim for ESA without restriction, this can run in parallel to any further action you may be considering, you will need to contnue to provide Fit Notes.

Gordon

Milly wrote:

Hi

i have spent the last 2 wks trying to get a new sick nohe from my gp. Although aagreeing in principal to give me one He has never heard of the six month rule and will only agree to it if i can provide evidence in wriring this is so. How do i go about this? Once an appeal is over the advocacy support disappears completely. Back on my own again.

Thank you

It's the ESA Regulations 2008, Regulation 30.2(b).

Be aware, the rule is expressed as a double negative so it is often mis-interpreted.

However, the bottom line is that there is no law, despite the DWP writing to GPs after a Fit for Work Decision asking them not to issue Fit Notes, that prevents a GP writing a Fit Note if they believe the patient is unfit for work.

This is a medical decision not a benfit one.

Gordon