Hi Gordon I understand what you are saying , but because my £300 extra for not being able to work would stopped immediately and I would be on the equivalent of job seekers allowance, which someone who had ESA would also be entitled to during an appeal , I see no difference. I would have that money ( which I desperately need to help me) stopped until a court decided otherwise. I could not go to court until a mandatory review was done . The judge decided this took away this man's right to go to court, so again I see no difference.
I'm sorry but there is a fundamental error in your argument.
You are arguing that the loss of the LCW or LCWRA element should also be considered but the ESA equivalents of these (WRAG and SG) are not payable and have never been payable when appealing a Fit for Work ESA Decision.
I'm sorry but there is simply no equivalence between your argument and the UTT Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems