Employment Support Allowance (ESA) Tribunal

juanmanuelmarquez

benefitbaby wrote: »

It would be a new claim and the claim starts from the date the call is made to make the claim so yes, backdated.

An appeal to the UT can be made at the same time as a new ESA claim - which is good because ESA is not paid whilst appealing to the UT.

thanks, i think that what we will have to do!

HB58

Note that you can only appeal to the UT because the 1st tribunal made an 'Error in law', not because you do not agree with the decision.

juanmanuelmarquez

HB58 wrote: »

Note that you can only appeal to the UT because the 1st tribunal made an 'Error in law', not because you do not agree with the decision.

do we have to do our own research to find out what the law is and whether it has been breached?

juanmanuelmarquez

Is their an ESA rapid re-claim option?

rogerblack

juanmanuelmarquez wrote: »

do we have to do our own research to find out what the law is and whether it has been breached?

Or find someone to do this.
The first step is writing to the tribunal, and asking for a 'written statement of reasons'.
http://www.disabilityrightsuk.org/esalaw.htm
http://www.disabilityrightsuk.org/f39.htm

In short.
You cannot appeal the tribunals decisions on facts, unless their decision is so irrational that no reasonable person would have made this decision.
For example, they may decide that they believe you can walk 60m, not the 30m you claim.
Unless you have really exceptional evidence such that this would be irrational to decide - you cannot appeal on this basis.

You can appeal on errors of law - they misapplied the law, used the wrong law, or ...

juanmanuelmarquez

thanks,
also since we were granted points - would we be entitled to DLA? or it is the same process and can you apply for both or only choose from 1 or the other?

rogerblack

DLA and ESA are entirely seprate benefits.
Meeting the criteria (even in part) for one would just be evidence, like any other.
The descriptors for ESA and DLA criteria differ - meeting one will rarely directly mean you qualify for the other.

juanmanuelmarquez

rogerblack wrote: »

DLA and ESA are entirely seprate benefits.
Meeting the criteria (even in part) for one would just be evidence, like any other.
The descriptors for ESA and DLA criteria differ - meeting one will rarely directly mean you qualify for the other.

yes, we were advised to re-apply for ESA directly and they said i maybe entitled to carers allowance? so i wonder how long it will take to process this ESA claim?

how much is carers allowance?