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Thread: Tribunal refusal for ESA what can i do now....So lost

  1. #1

    Question Tribunal refusal for ESA what can i do now....So lost

    I have waited a year and 3 mnths for my case to be heard at tribunal which was held yesterday. I got a letter in the post today that i have been refused. I feel lost and dnt know what to do now?? I do not agree with their decision and feel that the medical person had already made up his mind before i went in, and didnt really want to listen to my side of things, also kept asking the same question over and over again. Can someone please tell my options and what i can do now? The dwp refused my claim in feb. 2013. Thanlyou.

  2. #2
    removed
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    You can only appeal on a point of law to the Upper Tribunal. As it has been more than 6 months since the date of the adverse decision you can apply to ESA again.
    Last edited by removed; 15-05-14 at 15:38.

  3. #3
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    As it is more than six months since your were originally found Fit for Work, you can make a new application for ESA and go straight back onto the assessment rate, so long as DWP have a 'fit note' confirming you are unfit for all work. You might need to provide a new 'fit note' even if your current one has not run out.


    You can only challenge the decision of a First-tier Tribunal if it made an error of law - you cannot challenge their findings of fact (on matters such as how far you can walk). Finding errors of law really requires experience and training, so it might be difficult for you to take this forward without the help of a welfare rights worker or lawyer who is experienced with appeals to the Upper Tribunal.

    The first stage in any appeal to the Upper Tribunal is to apply to the First-tier Tribunal for the Statement of Reasons and Record of Proceedings. You can do this without any commitment on your part, so I would suggest you do this anyway, even if you take it no further once you have the SoR and RoP.


    It is important to remember that whilst the First-tier Tribunal is charged with remaking the decision on entitlement, the members of the tribunal prepare for the hearing using the paperwork that you and DWP have submitted. It is arguably reasonable for the First-tier Tribunal to proceed primarily based on those papers. The doctor might have appeared closed minded because he'd gone over the papers before the hearing and used the papers to decide what questions he needed answers to in order to reach a decision on your entitlement to benefit.

    The First-tier Tribunal has limited capacity to handle novel arguments raised at the hearing. The doctor can't examine you at the tribunal. Unless the tribunal agrees to an adjournment, it cannot obtain new evidence it feels it would need in relation to any novel arguments. If the tribunal feels you have had already had adequate time to obtain and submit evidence, it may well not agree to adjourn.

    It is also important to remember that the tribunal's task is to remake the original decision, so it cannot consider any changes in your condition that took place after the original assessment.


    I have no idea whether any of this is relevant, as I don't know what arguments you put forwards in your written and oral appeal submissions.



    Whatever you do, I urge you to consult an advice provider such as a local authority welfare rights project (if you have one) or Citizen's Advice. It is important to put forward the best possible arguments in relation to any new ESA assessment to minimise the chances of you being found Fit for Work again.

  4. #4
    Senior Member
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    The first thing you must do, is contact the Tribunal office and request 'a statement of reasons for the decision and a record of the proceedings', you should do this by firstly phoning and the follow that by a written request obtaining a proof of posting when sent. These will probably take quite some time to come through, when they do you will need to find an experienced adviser to go through them to look for any possible 'error in Law', this is the only possible way you can Appeal the decision of a Tribunal. If you do intend to do this you should contact your local CAB or any similar adviser you may have in your area ASAP and ask for their advice in how to proceed.

    As your claim was more than 6 months ago you can make a new claim now for ESA, speak with your GP if they will provide you with a med3/ fitnote send that together with form ESA1, which you obtain from JC+, to your benefits office.

    You can do both these things at the same time, your only other option is to sign on for JSA.

    Good luck with what ever you decide.
    Last edited by Jard; 14-05-14 at 13:44.

  5. #5
    Senior Member
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    318
    As its been more than 6 months please send in a fresh new claim for ESA!

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