Sample Esa Appeal Letter Template (Page 2 of 3) in pdf

that you will not be available to attend a hearing, these should be entered on the form. If

you have arranged for someone to represent you enter their details on the form. You

should also check whether there are times when they are not available to attend a hearing.

If you need an interpreter this can be arranged if you indicate as such on the Enquiry

Form. If you have any special needs regarding attending the hearing such as transport

this can be arranged in advance with the HM Courts & Tribunal Service.

If you have any further evidence to support your appeal, such as a letter from your doctor

or consultant, you can attach this to the Enquiry Form. If you are waiting for further

evidence you should explain this on the form.

The Enquiry Form must be returned to within 14 days from the date it was sent out to you.

If the form is not returned within the time limit your appeal may be ‘struck out’. You will

then have one month to ask for the appeal be re-instated.

In due course, HM Courts & Tribunals Service arrange a date for the appeal to be heard.

If you have asked for a paper hearing you will not be notified of the hearing date. If you

have asked for an oral hearing, HM Courts & Tribunals Service will write to you giving the

time, date and location of the hearing.

Your appeal will be heard by an independent tribunal, called the First Tier Tribunal. The

tribunal can consist of one, two or three panel members depending on the type of case.

Appeals about Disability Living Allowance and Attendance Allowance must consist of three

members, a Tribunal Judge, a doctor and a person with experience of disability.

Appeals concerning the Work Capability Assessment must consist of two members, a

Tribunal Judge and a doctor.

Appeals that do not concern medical or disability issues are usually heard by a tribunal

consisting of one Tribunal Judge.

The tribunal has to decide your case according to the law and the evidence available to

them.

The hearing will normally take between 30-45 minutes but can take longer depending on

the complexity of the case. The process is meant to be informal. For more information

about what happens at the hearing see can be found in our

‘What happens at FtT

hearings’ guide

Preparing for an appeal can be difficult and attending a tribunal can be a daunting

experience. Having someone to represent you can improve your chances of winning your

appeal.

A representative should help you prepare your case and collect any other

evidence to support your appeal.

Details of organisations that may be able to help can

be obtained by calling us on 0121 666 7533.

The First Tier Tribunal’s decision is usually final and cannot be appealed just because you

think it is wrong. If the First Tier Tribunal makes an error of law you may be able to appeal

to The Upper Tribunal - but on a point of law only.

Sample Esa Appeal Letter Template Page 2