carmind wrote: Just lost an ESA Tribunal but evidence was missing. Want to appeal to the Higher Tribunal. During this appeal process, do ESA payments continue at the assessment rate?
I'm afraid you are not eligible for any payments whilst appealing to the Upper Tribunal, however, providing your GP is prepared to provide Fit Notes you can make a new claim for ESA.
The first stage of appealing to the Upper Tribunal is to request a Statement of Reasons, see
Tribunals – Requesting a Statement of Reasons You will need to show that there has been an Error of Law, see
What is an Error of Law? I would strongly recommend you get advice from an advisor with specific experience in this area. See
Where to get advice? Gordon
