× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

While appealing to The Upper Tribunal ...

Jeremy Cross
forum member

CAB Maidstone

Send message

Total Posts: 60

Joined: 18 August 2010

... My cl attended tribunal 25/10/11 and their ESA appeal was disallowed. Now requesting a written statement of reasons for The Tribunal’s decision and while we are exploring whether we can help cl with an appeal to The Upper Tribunal do thyey need to reclaim ESA, and if so do they need to obtain a letter from GP stating their health has worsened significantly since they attended medical assessment 18/03/11, or will cl receive ESA until apeal to The Upper Tribunal is concluded or we withdraw this because we do not have a basis for appeal ...

Any replies, thank you ...

dbcwru
forum member

Darlington Welfare Rights, Darlington Borough Council

Send message

Total Posts: 114

Joined: 22 June 2010

If more than 6 months have elapsed since the decision you have appealed, the client , if still sick can make a new claim to ESA with a new med cert.  The appeal to the Upper Tribunal will then continue as a seperate entity.

elaineforrest
forum member

Benefits specialist - Dumfries & Galloway Citizens Advice

Send message

Total Posts: 64

Joined: 16 June 2010

ESA will not automatically continue while an Upper Tribunal is proceeding. A new claim will be needed as previous post explains.