Won ESA tribunal. What happens next?

ScottWM

Muttleythefrog wrote: »

The 'new appeal' won't be an appeal like the first... it'll be only on a claim of error in law made by the tribunal (i.e. you're effectively asking the tribunals service to quash the tribunal because it didn't apply the law properly). You can win such appeals (to upper tier tribunal) and they may order a new tribunal but it's probably always worth expecting they will be lost... since you'd have to show there was an error in law made by the lower tier tribunal. What has the latest tribunal decision said?

Attending tribunal is a massive bonus... hard I'd expect given your condition... but that in itself may prove compelling. Without representation at tribunal, statistics suggest this type of appeal is of low chance of success. Maybe you had a representative there I don't know... if you appealed the tribunal decision then I presume you do/did have legal representation of some sort at least in the background.

But I suspect you're almost at a point in time, or have reached the point in time, where 6 months has elapsed and you can re-apply. I'd do that when you legally can... and if appeal is needed do everything you can to attend in person. I'd definitely look at getting medical evidence to support your claim if possible... anyone involved in your care/treatment could prove useful. Even appointment letters with mental health professionals can help - it confirms you have some problem that needs assessing or treating.

Thanks for the advice Muttley, greatly appreciated.