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Supporting Good Practice in Managing Employee Relationships

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Submitted By bishoa01
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Appealing Employment Support Allowance Decisions

Employment Support Allowance
How to make an ESA appeal
Introduction
There are three levels of appeal when appealing a decision by the Department of Work and Pensions (DWP). They are: 1. Reconsideration 2. Appealing to the First Tier tribunal 3. Appealing to the Upper tribunal. Generally it is best to first appeal by asking the Department of Work and Pensions to reconsider its decision. If this fails then you can appeal to the First Tier tribunal which is independent and run by the Social Security tribunal service. If your appeal to the first tier tribunal fails then you can appeal to the Upper tribunal.

On the next page you will find a list of some of the types of documents that you could use as evidence in any appeal or application for Employment Support Allowance.

© DLS 2011

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Evidence for appealing Employment Support Allowance decisions at any level of appeal • A letter of support from your doctor; • A care plan; • A doctor’s report; • A Statement by the claimant showing the history of the problems they have and how they affect them; • Any medical information such as letter for appointments or anything which assists in proving your claimant attended their Doctor/hospital or other therapy for their problem; • A diary of how the problems effect the claimant on a day to day basis; • A statement from anyone that might provide care or help the claimant with their problems such as friends, family, care workers or Work colleagues etc.

© DLS 2011

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Appeals
The decision (Decision-Maker)

(Reconsideration) (Within one month)

The First Tier Tribunal (Fact and Law) (Within one month)

The Upper Tribunal (Law Only) (Within one month)

Court of Appeal (Law Only)

Reconsiderations
Reconsiderations are performed by the Department of Work and Pensions and are paper based. You can

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