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Upper Tribunal Result (ESA)

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11 years 1 month ago - 11 years 1 month ago #104269 by sylv
Upper Tribunal Result (ESA) was created by sylv
I am writing to advise you that the upper tribunal have set aside the First Tier Tribunal's
decision on the grounds we submitted. They have forwarded my case back to the First Tier in order to hold a new hearing with a new panel. This case relates to a claim I first submitted for ESA in May, 2011. Is the light at the end of the tunnel about to be switched on? I sincerely hope so.
Last edit: 11 years 1 month ago by slugsta.

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  • bro58
11 years 1 month ago #104271 by bro58
Replied by bro58 on topic Upper Tribunal Result (ESA)

kaz wrote: I am writing to advise you that the upper tribunal have set aside the First Tier Tribunal's
decision on the grounds we submitted. They have forwarded my case back to the First Tier in order to hold a new hearing with a new panel. This case relates to a claim I first submitted for ESA in May, 2011. Is the light at the end of the tunnel about to be switched on? I sincerely hope so.


Encouraging news k,

Please keep us updated. :)

bro58

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11 years 1 month ago #104272 by slugsta
Replied by slugsta on topic Upper Tribunal Result (ESA)
This has been a long, hard road for you hasn't it?! As you say, it does sound as if there might soon be light at the end of this tunnel. Let's hope it is not the lights of an oncoming train :silly:

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: sylv

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11 years 1 month ago #104277 by Gordon
Replied by Gordon on topic Upper Tribunal Result (ESA)
Kaz

It sounds like the UT agreed that there was an Error of Law in the original Tribunals determinations, there should be an explanation of what that error was and a direction to the new Tribunal on how to avoid making the same mistake.

It would be worth you investigating this to see whether you can clarify in writing or submit additional evidence that does this, in regard the area where the error occurred.

So as an example, we have no information on your claim; if the Error of Law was the result of the panel not properly investigating whether the use of wheelchair was reasonable or not, then you would be advised to provide additional information to show that any wheelchair usage was not reasonable.

I hope this makes sense.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: slugsta, sylv

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11 years 1 month ago #104280 by sylv
Replied by sylv on topic Upper Tribunal Result (ESA)
Will keep you updated, the next hearing could be another 4 months away, I will continue the fight in the hope that others can benefit as well. Prior to this claim I had worked full time for 36 years without a day off sick that's what makes me so mad! Onwards and upwards as they say, I ain't going down without a fight :woohoo:

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11 years 1 month ago #104283 by sylv
Replied by sylv on topic Upper Tribunal Result (ESA)
The decision was made for judicial reasons, I have not received a copy of the full report yet as its been sent to my representative at the CAB. I will let you know the full details when I receive them. Thanks to all at Benefits and Work.
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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