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Upper Tribunal Result (ESA)
- sylv
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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.
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- bro58
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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- slugsta
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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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
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- sylv
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- sylv
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