A tribunal decision can only be challenged by identifying one or more ‘errors of law’ in their statement of reasons, which the tribunal judge has to put together if any party to the appeal requests it.
Up to this point, you were able to challenge a decision simply because you thought it to be wrong. If you are unhappy with the tribunal’s decision, begin by requesting a statement of the tribunal’s reasons for their decision. In that letter/phone call/email, we recommend that you also request a copy of the judge’s ‘record of proceedings.
You need to make the request for these documents within the time limit of one month from the date that the Decision Notice was sent, or handed, to you by H M Courts & Tribunals Service.
Talk to me if you have missed that time limit as I may be able to help.
The tribunal that heard your ESA appeal is entitled to make what decision it wants, but it must arrive at that decision in a lawful manner. It cannot ignore the law or case law from the Upper Tribunal or higher courts, where it is relevant to your appeal.
Where this applies, or where you can show that the tribunal misunderstood the law, this will be an error of law. It is not just about the law though; where the statement of reasons shows that the tribunal ignored or overlooked evidence, or where they have misinterpreted evidence, or taken account of evidence that is not relevant, then this too will be an error of law.
In a statement of reasons, the judge will state what the tribunal found to be facts, and will give their reasons for awarding points, or not doing so, for each part of the ESA test that was relevant to your appeal.
Look at those findings of fact, because the tribunal must not take into account irrelevant facts if they are to avoid making an error of law. Reasons for a decision must be adequate, showing how the evidence that they read or heard lead them to the facts that they found, and why those facts lead them to apply the law as they did.
I find that there are usually errors of law to be found in a statement of reasons.
Put your application for permission to appeal to the Upper Tribunal in writing. Try to keep it concise and avoid the temptation to re-argue the evidence; at this stage, the focus is on matters of law, not facts. Your application is considered by a judge sitting alone and without a hearing. Do not be put off if that judge turns down your application for permission; it can be renewed directly to the Upper Tribunal, using the form UT1 that should be sent to you with a refusal decision. It is quite common for an Upper Tribunal judge to find an error of law, where the local judge refused. Another way of getting the tribunal’s decision undone, and for you to get another hearing is having the tribunal’s decision set aside on procedural grounds, but this will apply far less often.
Some clients come to me having been refused permission by the local judge, so that I come in for the application direct to the Upper Tribunal on the form UT1, which is also fine, although there is then just the one chance to establish an error of law. There is no effective appeal against a refusal of permission by the Upper Tribunal judge.
ESA CLAIM
There are two sorts of ESA claims, contribution-based and income-related. Entitlement to the first of these depends on you having paid sufficient National Insurance contributions. Income-related is another way of saying means tested. In the following weeks, you will be required to complete a work capability questionnaire or form ESA50. This asks for a description..MORE
ESA ASSESSMENT
Whether you are claiming contribution-based or income-related ESA, the claim process is very likely to involve a face-to-face assessment. It is a good idea to ask for your work capability assessment to be recorded, to help protect you from what you say being misunderstood, but you should still not go alone if you can help it. You may well be asked how you got there..MORE
ESA DECISION
You would not be reading this if you were happy with your decision letter. OK, so what do you do when a decision that you do not agree with arrives? We recommend that you call ESA to request a copy of the assessment report, because this is very likely to be where things went wrong. We go through the report with you pretty much line by line, to see what went wrong..MORE
ESA RECONSIDERATION
The first thing to remember is that I can almost certainly put it right, so do not panic. Challenging the ESA decision is a two-stage process; the first is a paper challenge, called a mandatory reconsideration. ‘Mandatory’ because you cannot go around it; you have to go through this stage before you have the option of appealing..MORE
ESA APPEAL
You must have been through the reconsideration stage before you can appeal to an independent tribunal. It is better to use the standard appeal form (search online for form SSCS1. You and the tribunal have the same appeal papers sent to you. They will contain a copy of your work capability questionnaire ESA50, the assessment..MORE
ESA APPEAL CHALLENGE
A tribunal decision can only be challenged by identifying one or more ‘errors of law’ in their statement of reasons, which the tribunal judge has to put together if any party to the appeal requests it. Up to this point, you were able to challenge a decision simply because you thought it to be wrong. If you are unhappy..MORE
Are you in need of professional PIP or ESA legal help ?
Don't hesitate to contact Glenn Brooks at Disability Claims.
As of June 2020 I have a 96.8% Tribunal success rate based on 564 appeals.
I hope to hear from you soon.
OR CALL ME NOW
GLENN BROOKS
Going from DLA to PIP for my son resulted in only 2 points being awarded; my completion of the Mandatory Reconsideration form resulted in no improvement. At this point I realised that we needed professional help (with hindsight it would have been better if I had sought this earlier) and found the Disability Claims website via Google Search. Glenn was most helpful and has an encyclopaedic knowledge of the system, he meticulously prepared for the appeal tribunal and represented us. The result was an increased award from 2 points to 22 points. We couldn't have achieved this without him. Highly recommended.
Simon - 20 November 2019
“From the moment I spoke to you, you took the anxiety and stress from me. I was still worried about the whole procedure which was affecting my condition. You were so very, very helpful and extremely understanding. I was awarded high Mobility and high daily living. The assessor who came out was a nurse. She was very understanding of my condition and how it affected me. It was a long assessment as I did explain everything in detail. Glenn, you are so very, very good at what you do. Many thanks once again.”
Mrs P of Suffolk 10 July 2019
“We were kept informed of the progress of the claim and the process we followed.
Glenn obviously has good knowledge on the subject and he was to formulate an
accurate statement, and present our case well at the appeal hearing. It is likely that
we will be in touch for help when our renewal form arrives.”
Mr M of Louth
Glenn Brooks is courteous professional and knows his job. I highly recommend him to anyone needing help with PIP. He is cool and calm and after a few minutes speaking to him I was assured that I had made the right decision to ask his help. Most of all you are not forgotten about, as he checks up on how things are, thank you Glenn. And to anyone faced with these forms he is your go to man.
Really professional and expertly researched legal representation. I went from 0 points on ESA to 18 points on appeal and got back in the support group. Highly recommended.
I strongly recommend Using Glen Brooks he is the best you can ever higher using PIP tribunal hearings appeal forms and reconsideration the best Welfare Benefit Solicitor in the whole of UK. I strongly recommend Glen Brooks as the no 1 Welfare Benefit Solicitor.
With many disabilities, my full DLA allowance when changed across to PIP, and following my assessment, was reduced to standard rates, resulting in the loss of my car. Requested for a tribunal, and gobsmacked when the papers arrived, could not believe the ( I worded it inaccuracies) LIES that the assessor had told. Glenn attended the tribunal with me, and I was glad of his experience and reassuring me, if I got really nervous , that he would assist. My PIP was upgraded to enhanced care and mobility. I would certainly recommend that you should not accept any reduction in your benefits and should contact Glenn, I cannot express my gratitude enough.
Do not think of attending a tribunal without this man, he made the whole process so easy for my very stressed, distressed sister, who had her entitlement reduced and her car removed,at the change to PIP, Mr Brooks took the time she needed to calm her and put her at ease with some things that she was very uncomfortable talking about, he did a first class job at very short notice and worked until after 8PM on the evening of her initial interview, we would not hesitate to use his service's again or to recommend him to anyone who needs this kind of help.
Glenn and his team are first class. If you need any help with any benefit he is the number one person to call.
He is excellent at what he does and will always explain to you each step of the process.
Fees are very reasonable for all the work and travel involved.
I have recommended him to people in need of his services.
Even get his help when the first forms drop through your letter box.
What can I say? Glenn has helped my wife with her fight against this injustice winning every time which without him been harder..
I have been dealing with Glenn for many years for help with claiming the right benefit. He helped me a great deal, particularly when the DWP got it very wrong. Glenn was confident and reassuring that I was in the right and we won no problem on appeal. You can be as genuine as possible, with real issues but often it's how those words are put over - this is where Glenn came in. Filled out the same information (mostly) as I did, just worded much better and was successful without any problems. Highly recommend you deal with Glenn if you're worried or have issues. In an ideal world this service should not be needed, but the DWP are ruthless and don't care what your circumstances are.
I would like to thank Glenn Brooks very much for his support and professionalism in dealing with my husbands case. At tribunal Glenn took my husbands ESA case from zero points to support group. Glenn is a very pleasant gentleman. He is very experienced and knowledgeable in his job of supporting and advising on benefit claims. He is clear and to the point and I have no doubt that a genuine claimant will be supported 100% by Glenn. He is very black and white as there is no room for grey areas in these case. I would recommend Glenn to anybody who has a pending appeal or indeed any of the other services he offers. We certainly could not have got through this without his support and very clear understanding. There were no hidden costs everything was very transparent. Professional in every way. Thank you again.
Glenn is absolutely brilliant. I too wish that I had used him to fill the dreaded form in to begin with too! I will definitely be using him in the future if needs be. He was so patient, professional, caring, and a lovely, lovely man. He travelled a long way to deal with my case and was with me every step of the way. His service is not for free, but it is worth every single penny. I don't think I would have got the perfect outcome I did without him. In fact I know I wouldn't have. I highly recommend him him to others.
Thanks so much Glenn.
PIP & ESA Updates
My regular PIP & ESA updates newsletter is sent out to everyone who has signed up and keen to keep up to date on the subject of Personal Independence Payments and Employment and Support Allowances. Expect to see links to my latest articles, case studies, testimonials and of course solid guidance on how to navigate the difficult and sometimes complex field of Disability Claims.
Thanks for subscribing! Please check your email for further instructions.