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Thread: error of law esa tribunal

  1. #1
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    error of law esa tribunal

    Im fighting a ESA tribunal. i have gone for error of law my question is if im successful will the tribunal be rerun with just the error of law part or a totally new tribunal.

  2. #2
    Senior Member nukecad's Avatar
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    If the UT finds that there is in fact an error of law they have a few options.

    • They could simply return it to the FTT for another judgement. (The new FTT tribunal should be composed of different people).
    • They could return it to the FTT for another judgement, with specific directions about avoiding the error. (Again a new FTT panel).
    • They could make a decision on the matter themselves and make an award.
    • They could pass it up to a higher court (usually if they have quite a few similar cases) for a Judicial Review.
    • They could even rule that an entirely new assessment be made.


    From what you have posted before I believe that your FTT did not consider your sight problem seriously, because it was not mentioned in your medical records.

    TBH I'd see that as more of an 'Error of Fact' - rather than an 'Error of Law' by the FTT.
    The tribunal used the facts before them which were wrong, that doesn't mean that they got the law wrong.
    (Although it could possibly be argued that they should have given more weight to your testimony and not as much to your medical records - if you told them those records were wrong).
    There again it has been known for the UT to rule in similar cases that the FTT should be held again with the corrected facts considered.
    Last edited by nukecad; 31-03-19 at 12:53.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  3. #3
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    Thanks for the info on the options. also they didn't consider my shoulder/arm issue They ignored my fit notes because the ESA medical report said i had no issues. But i have just had my opp and they found another 4 things wrong with me that the X ray didn't pick up so i wish i could fight the ESA assessment again as i have even more proof that they lied. What gets to me is even the tribunal said both arms were raised fully above the head but they didn't ask me to do anything.

    (The tribunal didn't want to listen to anything i said as they just took notice of the ESA assessment report.)

  4. #4
    Senior Member nukecad's Avatar
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    The tribunal can only consdier the facts/evidence that was there at the date of your assessment/decision.

    Your recent OP and the 'another 4 things' they found therfore couldn't have been consdiered by the FTT (or anyone else), they weren't known about at the time.
    They shouldn't realy be considered by the UT either, they also should only consider things as they were at the assessment/decision date.

    The recent opp and consequent finding of 'another 4 things' are a change of circumstances since that assessment/decision was made.

    Again it's just my opinion, but it seems to me that in this case it was a possible error in the facts presented/considered and not an 'error of law' as such.

    Just to be clear here - Have the UT actually accepted your appeal against the FTTs decision?
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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