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ESA Appeal- Condition as at date of decision

  • National Union of Mineworkers
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6 years 6 months ago #196979 by National Union of Mineworkers
ESA Appeal- Condition as at date of decision was created by National Union of Mineworkers
I wish to appeal a decision on the grounds that the 1st Tier Tribunal assessed my member's condition as at the date of the appeal hearing rather than the date of the decision.
I am seeking authority for that proposition either in a decision of the upper tribunal or relevant legislation.
Can anyone help?

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6 years 6 months ago #196996 by Gordon
NUM

Have you requested a copy of the Statement of Reasons and Record of Proceedings from the Judge of the hearing? This is a prerequisite to an appeal to the UTT and must be done within one month of the date of the hearing.

The best that I can come up with regard to what evidence is allowed is the Bench Book, it's not the current version, that's not in the public domain, but it's the latest that is. Have a look at section 17 DOWN TO DATE OF DECISION, it also has references to the applicable legislation.

Gordon

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

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  • National Union of Mineworkers
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6 years 6 months ago #197045 by National Union of Mineworkers
Replied by National Union of Mineworkers on topic ESA Appeal- Condition as at date of decision
Thanks Gordon, that is extremely helpful.
I have the Statement of Reasons and Record of Proceedings which discloses that the 1st Tier Tribunal had regard to and assessed my member's condition on the basis of his symptoms at the date of the appeal hearing.
I hope the UTT will see it that way but with the information you have provided, particularly the legislative provisions, I think we have a reasonable chance.

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