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ESA Tribunal adjourned but error in law ??

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7 years 9 months ago #162333 by Nick
I attended my ESA tribunal but it was decided to adjourn it to get my latest doctors records, ok that's fair enough but whilst I was there the judge pointed out that the DWP had made an error in law but not saying why I could use a wheelchair.

I consider this relevant as they questioned me as to why I could not use a wheelchair and I explained why I could not. Supposing things don't go well for me on my next tribunal attendance can this error in law be used to request another examination (starting the whole process again) for them to answer the question? Or am I just clutching at straws here?

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7 years 9 months ago #162349 by Gordon
Replied by Gordon on topic ESA Tribunal adjourned but error in law ??

Nick wrote: I attended my ESA tribunal but it was decided to adjourn it to get my latest doctors records, ok that's fair enough but whilst I was there the judge pointed out that the DWP had made an error in law but not saying why I could use a wheelchair.

I consider this relevant as they questioned me as to why I could not use a wheelchair and I explained why I could not. Supposing things don't go well for me on my next tribunal attendance can this error in law be used to request another examination (starting the whole process again) for them to answer the question? Or am I just clutching at straws here?


I'm afraid not, the error was made by the DWP and you can only appeal further if the Error is by the Tribunal panel.

Gordon

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