ESA appeal rights?

Just a quick query about the new appeal system.

I have a client who has had an MR refused. He wants to appeal.

The first question on the SSC1 appeal form asks whether the MR notice tells you that you have the right to appeal the decision.

There is no mention in the MR of any appeal rights.

I thought that appeal rights were automatic once an was MR refused?

Are they saying therefore that an MR can rule against the claimant and also they have no rights to appeal a refused MR??

The ssc1 mentions the accompanying “SSC1A” booklet, but there isnt one and i cant find a link online.

Thoughts please.

Thanks

Hi
I think this is the leaflet you are referring to:
http://hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=2724

This is a mechanism to try to identify those decisions which don’t carry a right of appeal.  Appeal rights are “automatic” where a right of appeal exists.

The SSc1 guidance in the leaflet says that all MRs must state whether there is, or is not, a right to appeal. The MR i have here doesnt mention appeals whatsoever.

I will send the form off anyway and let the TS sort it out.