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ESA Tribunal – Statement of Reasons

  • Andy
  • Topic Author
12 years 2 months ago - 12 years 2 months ago #81832 by Andy
The Forum FAQ says: “Whether you are considering appealing to the Upper Tribunal or not, there can be good reasons for requesting a Statement of Reasons.” But it doesn’t elaborate.

Can someone please explain the potential benefit in getting a Statement of Reasons given I have won my appeal? (I am not going to appeal to the Upper Tribunal, obviously.)

But I wonder if the SoR would be any use during the next cycle which will start soon (i.e. when I have a fresh ATOS exam, am refused ESA, send in my appeal, attend another tribunal hearing…)

Thanks in advance for any light shed.
Last edit: 12 years 2 months ago by Gordon.

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12 years 2 months ago #81844 by Gordon
Replied by Gordon on topic Re:ESA Tribunal – Statement of Reasons
Andy

The SOR explains how and why the Tribunal came to their Decision and therefore may useful in constructing any future claim or renewal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 2 months ago #81872 by Gordon
Replied by Gordon on topic Re:ESA Tribunal – Statement of Reasons
Andy

An additional point you should consider, that I was not previously aware of.

If you ask for the SOR, a copy will also be sent to the DWP, you should consider whether you want this to happen as it has the potential to provoke an appeal of the Decision on there part.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 2 months ago #81876 by Derek4
Replied by Derek4 on topic Re:ESA Tribunal – Statement of Reasons
Hi Andy

I don't know anyone who has applied for a SOR having won an appeal, but what would concern me is that if the judge makes a poor job of it and gives inadequate reasons the DWP may have grounds to appeal to the UT, whereas they wouldn't have had otherwise?

Regards

Derek

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  • Andy
  • Topic Author
12 years 2 months ago #81894 by Andy
Replied by Andy on topic Re:ESA Tribunal – Statement of Reasons
Thanks, Gordon & Derek. Very useful.

I hadn’t realised that the DWP automatically get a copy of the SoR (though it’s obvious now you’ve said it). And the risk that the SoR might be badly done and potentially count against me is a real twist. Not beyond the bounds of possibility, even though the judge seemed a good egg!

I think I’ll leave well enough alone. I was just tempted by the idea of extra evidence to use in the next round of the Great Game of ESA!

Thanks once, again.

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