Appeal An ESA Tribunal Fail

whambam wrote: »

Hi,

Has anyone done this as my tribunal failed and the letter had no appeals procedure? My adviser said I could appeal?

An appeal to the upper tribunal can only be done due to an error in law at the first tribunal. You will need face to face competent advise to even attempt this. Do you trust your adviser when s/he says you can appeal to the upper tribunal?

Your adviser needs to give you better technical advice than 'you can appeal'. If they're not competent try to get another adviser. Bluntly put if you have lost your appeal tribunal then the legal process is over unless you can show the tribunal have made an error in law. An error in law is very different than got the decision wrong. An error in law would be something like they failed to apply the correct laws. Such an appeal of error in law would have to be made to an upper tier tribunal after requesting permission from the judge to appeal and you'd probably need to be technically minded or have good advocate making your case in writing. First stop for that course of action would be to request a statement of reasons from the tribunal so the judge can explain their decision. It is unlikely the tribunal made an error in law but sometimes they do. You might find an alternative course of action more useful like looking into making another claim down the line... I'm not sure on the technical timeline that would be sensible in that regard... but others will and so if you can please advise of the date you started your claim and the dates of the decisions the DWP made then it could be useful.

epitome wrote: »

I think also to go to Upper Tribunal you only have 1 month,

That's right.
The OP has a month from the date on the decision letter to request the S of R.

whambam wrote: »

I had documentation with me however they did not ask to view them is that an error in law?

Did they know you had this with you? Why didn't you send the to them before the date of the Tribunal?

whambam wrote: »

I had documentation with me however they did not ask to view them is that an error in law?

Maybe not.
Evidence should be submitted to to Tribunal Service in advance of the hearing.
This enables the TS to let all parties see all the evidence, and gives tribunal panel members an opportunity to review all the paperwork before they start the hearing and get your verbal evidence.
Having evidence you didn't submit is not an error in law.

It is unreasonable to arrive at the tribunal with many pages of additional evidence, take it into the hearing room, and expect the panel to digest it then and there. However, if you had, say, a short confirmation letter only just received from your GP / HCP - then it would be reasonable for you to hand 2 copies of this letter to the clerk in the waiting room and ask that the panel do consider this new evidence.

So, it rather depends on your answers to poppy and epitome.

You could try arguing that in the interest of justice the tribunal should have adjourned the hearing in light of this new evidence (providing that evidence was relevant and would have had a bearing on the decision).