- Posts: 10
× Members
are any of these an error in law
- ak
- Topic Author
- Offline
Less More
9 years 11 months ago - 9 years 11 months ago #121869 by ak
are any of these an error in law was created by ak
I previously failed my esa tribunal about my cfs/me. can you tell me if any of these things relate to an error in law.
1
At the tribunal I was only allowed to answer questions from the judge and Doctor.
When I asked if I could speak about particular things in my appeal I was told I am not allowed to as they had already read my appeal.
2 I have received the reasons why I failed the tribunal but none of the reasons refer to what I had written in my appeal. They just agree with what the atos doctor said.
3 One of the additional reasons I failed was that I drive my car about once a week to a coffee shop if I feel well enough.
The judge has quoted that I must be physically and mentally ok to drive a car. But I can not do this repeatedly or regulary.
Thanks for your help
1
At the tribunal I was only allowed to answer questions from the judge and Doctor.
When I asked if I could speak about particular things in my appeal I was told I am not allowed to as they had already read my appeal.
2 I have received the reasons why I failed the tribunal but none of the reasons refer to what I had written in my appeal. They just agree with what the atos doctor said.
3 One of the additional reasons I failed was that I drive my car about once a week to a coffee shop if I feel well enough.
The judge has quoted that I must be physically and mentally ok to drive a car. But I can not do this repeatedly or regulary.
Thanks for your help
Last edit: 9 years 11 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51219
9 years 11 months ago - 9 years 11 months ago #121880 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic are any of these an error in law
AK
I am afraid that is virtually impossible for us to offer advice with regard to Errors of Law without our having access to all of the papers in the case.
Some brief comments on what you have posted.
1. You would need to show that by refusing you permission to speak on the matters that you wanted to, you had been denied Natural Justice, this will not be able to show, you would need them to have ignored the contents of your appeal almost completely and even then, it would likely still be dependant on whether your appeal addressed the law.
2. The Tribunal are required to address the ESA Descriptors and Regulations, if you can show that they have failed (not did not agree with you), to look at areas that you might have scored points for, then you may have a case.
3. Driving a car is not part of the ESA Descriptors so your ability to repeat the action is not relevant, you might be able to argue that the actions involved cannot be repeated, but you are arguing an opinion not a fact so you would have to show that opinion is so unreasonable that no reasonable person would come to that conclusion.
Gordon
I am afraid that is virtually impossible for us to offer advice with regard to Errors of Law without our having access to all of the papers in the case.
Some brief comments on what you have posted.
1. You would need to show that by refusing you permission to speak on the matters that you wanted to, you had been denied Natural Justice, this will not be able to show, you would need them to have ignored the contents of your appeal almost completely and even then, it would likely still be dependant on whether your appeal addressed the law.
2. The Tribunal are required to address the ESA Descriptors and Regulations, if you can show that they have failed (not did not agree with you), to look at areas that you might have scored points for, then you may have a case.
3. Driving a car is not part of the ESA Descriptors so your ability to repeat the action is not relevant, you might be able to argue that the actions involved cannot be repeated, but you are arguing an opinion not a fact so you would have to show that opinion is so unreasonable that no reasonable person would come to that conclusion.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 11 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
- Offline
Less More
- Posts: 2076
9 years 11 months ago - 9 years 11 months ago #121890 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
I have little experience in ESA or it's predecessor Incapacity Benefit. I use to be a general welfare rights worker, and covered all benefits and was a DLA Tribunal Membe until i was 65. However.I 'm now 73 and in bad health.
However. the rules for errors of law are the same for all social security benefits and can be found HERE
This is based on a fairly old Commissioner Decision, but the principles remain the same today.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic are any of these an error in law
1
At the tribunal I was only allowed to answer questions from the judge and Doctor.
When I asked if I could speak about particular things in my appeal I was told I am not allowed to as they had already read my appeal.
2 I have received the reasons why I failed the tribunal but none of the reasons refer to what I had written in my appeal. They just agree with what the atos doctor said.
3 One of the additional reasons I failed was that I drive my car about once a week to a coffee shop if I feel well enough.
The judge has quoted that I must be physically and mentally ok to drive a car. But I can not do this repeatedly or regulary.
Thanks for your help
I have little experience in ESA or it's predecessor Incapacity Benefit. I use to be a general welfare rights worker, and covered all benefits and was a DLA Tribunal Membe until i was 65. However.I 'm now 73 and in bad health.
However. the rules for errors of law are the same for all social security benefits and can be found HERE
This is based on a fairly old Commissioner Decision, but the principles remain the same today.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 11 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: updated info.
The following user(s) said Thank You: ak
Please Log in or Create an account to join the conversation.
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
- Offline
Less More
- Posts: 2076
9 years 11 months ago #121891 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic are any of these an error in law
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris