ESA appeal

poppy123456

The first step to this will be requesting the statement of reasons and record of proceedings within 1 month of the date of the decision, as you are outside of that timescale i'm unsure what can be done now. You can't appeal without finding the error in law and you won't know if that's been made without receive both of those.

Either way this is far too complex for an internet forum and you really should get some face to face advice from an agency near you.This link will help you find what's local to you. https://advicelocal.uk/

If you are outside of the timescale then putting in a change of circumstances maybe your only option but i'd only advise this if you're sure you meet the Support Group descriptors/reg 35. As the Tribunal decision has only recently been made that decided you didn't meet reg 35 then using the same evidence you previously used isn't going to help you. Again face to face advice is needed.

dml

Thanks again for your help. I’ll call them tomorrow before firing off any set aside form 

Joanne_Alumni

Hi @dml, I agree with @poppy123456 and @Adrian_Scope that you need further support with this. It is possible to make a late request for the statement of reasons, the tribunal can extend the time limit. You may have to give them a good reason but in my experience they will usually send it to you outside the month time limit.
Once you get this you have a month to write a letter stating why you think that the appeal decision was legally wrong and asking for permission to appeal to the Upper Tribunal. This is the point at which you would benefit from some help.
The Disability Rights Handbook states: "if you miss any of the normal 1-month deadlines, the Upper Tribunal can allow your application if it thinks it is fair and just to do so. Your application must contain details of why it was late."
I hope you manage to find some help with this. There is some useful information on the Scope website about appealing to the Upper Tribunal which gives links to places that may be able to support you.
Good luck and let us know how you get on.

dml

Thank you 

dml

I’ve finally heard back from the Judge on this today 5/12/19 and he has indeed set the decision aside. Stating “ the tribunal finds that there was a procedural irregularity. It appears that the tribunal believed that they were dealing with an appeal where the Apellant had received any award of benefit whereas he was already in the work related activity group. This is supported by the fact that the tribunal awarded no points on the descriptors whereas the respondent had awarded 15 points on mental health descriptors and those points were not disputed by the respondent” 

I haven’t a clue what this means, but I have been told to expect another tribunal hearing within the next three months. Great, more anxiety and depression 

poppy123456

It basically means that the decision made by the previous panel has been set aside because of the error that was made. It will now go the first tier Tribunal, where you'll have a completely different panel and you'll have another hearing date. This is a good thing. Good luck and hopefully you're not waiting too long for that date.

dml

Thanks poppy123456 I was told over the phone that the judge was highly unlikely to elaborate upon the decision or indeed set it aside. So you’re right, it is positive in that respect. It’s just going through a fresh tribunal is painful in the time aspect. Actually, via my MP, the DWP did admit that they could see the judge mentioned in my original decision notice that I may not have lcwra. However they required more information. So I suppose a fresh tribunal is the correct course of action.

Adrian_Scope

Best of luck @dml. I can't imagine how stressful it must be to have to face another tribunal so soon but at least it means they are looking at it again. 

dml

Thanks Adrian