Employment and Support Allowance (ESA)
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ESA tribunal failure

Hi all. I am looking for some advice. I have reactive inflammatory arthritis and chronic fatigue syndrome.   Last week I had my tribunal hearing and I was refused ESA. I know I am telling the truth.  Since then I have had a bit of a breakdown and been really unwell.  Does anyone think I should bother appealing?  Or do I put up and shut up?  I don’t have many reserves left mentally.  Any advice appreciated people.  TIA

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI and welcome,

    I'm sorry to hear this.

    You can't just appeal because you think the decision was wrong. Any worsening of condition will not be taken into consideration.

    The first thing you need to so is request the statement of reasons and record of proceedings from HMCTS and you need to do this within 1 month of the date of the decision.

    Once you receive this you need to find someone to take a look to see if they can find the error in law. If this isn't found then i'm afraid you won't be able to appeal the decision.

    This whole process could take well over a year, if that error in law is found. There's also no timescales for how long it will take for the Judge to write and send the SOR. They can take as long as they want because they usually write them when they have time.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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