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please help with upper tribunal

  • kmr
  • Topic Author
13 years 10 months ago #42792 by kmr
please help with upper tribunal was created by kmr
hi, i had a papper appeal on the 5 Jan 11,
no surprise that i lost, i am housebound so i was unable to attend and defend myself.
My reason for appealing was that because i forgot about the WCA appoinment the DWP disallowed my ESA claim. My reason for DNA was that due to the nature of my disability and medication that i am on i become forgetful and confused most of the time.
I thought that this regulation applies to me, the REGULATION 24 OF THE EMPLOYMNET AND SUPPORT ACT 2008 which states:
5.12. The matters to be taken into account in determining whether the claimant has good cause under regulations 22 or 23 include-
(a)whether the claimant was outside Great Britian at the relevant time;
(b)the claimants state of health at the time; and
(c)the nature of any disability the claimant has.
I need to appeal to an Upper Tribunal (commissioner/ judge)before the 5 Feb 11 is up. I am finding difficult to carry this out so my doctor has referred me to a social worker and my Psychiatrist has arranged for a Community Nurse to visit me to help with the Upper Tribunal process and other issues one of them being Agrophobia. Are these the right people to help me with this appeal?
i sent suporting evidence with last appeal which was 3x doctors letters explaining my conditions which are (after having 2x car accidents in 2007)damage to spine lower back and neck, panic attacks, difficulty travelling and depression, also 3x copies of patient infomation leaflets of the side effects of the medication that i am taking and a copy of the Decission Makers "facts or the case report" contradicting what i said on the phone when she called (i had no idea what the call was for at the time as she spoke so quickly that i got all panicy).

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  • tb1uk
13 years 10 months ago #42801 by tb1uk
Replied by tb1uk on topic Re:please help with upper tribunal
have you a welfare rights in your local council?

they helped me with the UT last year and i won. everything was done by email and post.

i never met my welfare rights officer. but, she did a very good job. i later won my appeal last month

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13 years 10 months ago #42805 by cdcdi1911
Replied by cdcdi1911 on topic Re:please help with upper tribunal
Hi kmr

You really need the help of a welfare rights advisor to appeal to the Upper Tribunal; perhaps your community nurse will enlist one on your behalf.

If your appeal was on 5 Jan, the 5 Feb deadline is not for appealing to the UT, it's for applying for a Statement of Reasons. This simply involves writing a letter to Tribunals Service requesting a full statement of reasons for the decision. You cannot take the matter further until you receive this statement.

The following step will be to apply to the first-tier tribunal for permission to appeal to the upper tribunal, which envolves setting out your grounds of appeal. You will have plenty of time to do this as a statement of reasons can take a couple of months.

Best of luck

Derek

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