esa tribunal lost

[dandino]

Hi im new here so not certain im doing this right,any way here it goes.

 

my partner on tuesday lost here esa appeal first tier tribunal stage.They scored here 12 points at the appeal tribunal,and 6 points at the decision maker stage (first appeal stage I think that is).

So heres my questions if she was awarded 6 points for one descriptor at one stage of the process and 12 points for two more descriptors(so that makes 18 points for 3 separate descriptors) further down the process,that makes 18 points.

so im a little confused at this stage of the process,so is this right or does some other rule come in at a certain stage.

basically if someone could explain this to me,and were we go from here (i.e what benefit to claim know)I would be really grateful,thanks

[seanamarts]

Hi dandino

 

I am going to move your thread to a more appropriate side of the forum where you will get a better response to your questions.

 

seanamarts

 

Site Team

[**Margaret**]

:dandino:

 

Sorry, there's no further stages unless you think there's been something called an 'error of law', which is very rare. For now, despite the difference of opinion between the decision maker and the tribunal panel, your partner's claim for employment n support allowance has been turned down.

 

Is it more than six months since the date of disallowance by Jobcentreplus? If so, and her doctor will provide Med 3 (unfit) notes, she can make a completely new claim. If she was paid assessment rate employment n support pending the appeal hearing, you need to wait until you hear from Jobcentreplus that her assessment rate has ended before submitting a new ESA1.

 

Regards, Margaret.

Edited May 24, 2013 by **Margaret**

[dandino]

Hi thanks for the reply.So just to confirm even though she scored 18 points over the whole process she basically had to score 15 points or more in one go at the appeal hearing?

[abc123def]

Yes, that's the case dandino. The Tribunal decision over rides the decision of the DWP so that is the decision that is final.

[dandino]

Thats a great help thanks guys.

 

danny