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Esa Tribunal Appeal Failed, What Next??


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I failed my esa atos medical in July 2011, I scored 0 points. I then took this to an appeal with a tribunal and the appeal was heard on the 6th Feb 2012. The appeal has been disallowed and the tribunal has agreed with the original decision that I am not allowed Esa. I've been reading the notes included in the decision that say if I am unhappy with the decision notice (which has two lines of writing on it) I can apply for a statement of reasons from the tribunal. After that, if I am still unhappy, I can apply for a Upper Tier Tribunal which I am considering doing. My question is where do I go from here?? If I apply for the statement of reasons and then the upper tier tribunal, will I still receive the esa at the lower rate?? I can't claim jobseekers because I'm not fit for work. I'm so worried and its affecting my family. Please help.

Thank you.

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To claim ESA, you'd need to send in sick notes. You can only appeal to the upper tier on the basis of law.

 

By all means ask for a statement of reasons just to see what it says then get it checked to see if you can appeal further.Have a look at the time limits on Appealing to the Upper Tribunal as it makes things easier if you stick to them.

 

Your priority should be a new ESA claim as the original decision was July so the 6 month limit before you can submit a new one for an existing pre-claimed (not deteriorated or new condition) passed sometime in January.

 

Since you are outside of the 6 month rule you will be paid as normal on the new claim.

 

 

 

Edit: sorry I was a bit flippant; I quoted Nystys' post because it's correct on both points. Sick note for new/existing claim and the legal factor is why you need specialist help/advice for the Upper Tribunal appeal

Edited by speedfreek
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