ESA tribunal

Sarah69

Can you appeal again if your claim for ESA is turned down at a tribunal?

healy

Sarah69 wrote: »

Can you appeal again if your claim for ESA is turned down at a tribunal?

Only on a point of law or procedural error.

Sarah69

I'm asking for a friend who has a tribunal next week. She needs reconstructive surgery to an ankle injury and is also going into hosp for a hysterectomy next month, she is in no fit state to work. So if her appeal fails wat will happen to her?

rogerblack

Sarah69 wrote: »

I'm asking for a friend who has a tribunal next week. She needs reconstructive surgery to an ankle injury and is also going into hosp for a hysterectomy next month, she is in no fit state to work. So if her appeal fails wat will happen to her?

She can appeal on a point of law, or a procedural matter to the upper tribunal.

If it's been more than six months since her initial decision that she was not eligable for ESA (I'm unsure of this exact time limit) she can apply as new, and be paid.

She can also apply anew, on the grounds that she now has a different, more severe disability.

NASA_2

rogerblack wrote: »

She can appeal on a point of law, or a procedural matter to the upper tribunal.

If it's been more than six months since her initial decision that she was not eligable for ESA (I'm unsure of this exact time limit) she can apply as new, and be paid.

She can also apply anew, on the grounds that she now has a different, more severe disability.

Different or significant deterioration.

Sarah69

No deterioration. She had both these problems at her last medical which was about 9/10 months ago. There were many lies told in the report.

FTW

Sarah69 wrote: »

No deterioration. She had both these problems at her last medical which was about 9/10 months ago. There were many lies told in the report.

I'd re-appeal, or at least enquire further into questioning the tribunal decision.

And if she has to attend another 'medical' in the future - which will happen - it's worth audio-recording it on the sly (you can do this!), and that way, her case for arguing a flawed report will be made much stronger.

Sarah69

She is at the tribunal next week I was just asking wat would happen if they still decide she's fit for work when clearly she isn't!

FTW

Sarah69 wrote: »

She is at the tribunal next week I was just asking wat would happen if they still decide she's fit for work when clearly she isn't!

I take it she's already submitted copies of medical evidence from her doctors and specialists.

And she'd also need to find points in the Atos report that she disagrees with, and state why this is.