RobJean wrote: Hi,
Can any 'disability type' case law (even dated from the 90's and even if that disability benefit is no longer in force)be used at a first tier tribunal for ESA?
I would recommend all members to be careful when using case law as part of their submission to a Tribunal.
First, you need to ensure that the you understand what the case actually refers to, often they refer to a specific set of circumstances and unless your situation matches this, it may not be applicable.
Secondly, whilst it is possible for case law from one benefit to be used for another it is dependant on context, so a piece of IB case law on the sending of letters may be applicable to ESA, but one on walking would not as the descriptors are different.
Thirdly, you need to be sure that the case has not been superceded, obviously the older the case the more likely that it is no longer applicable.
Even trained case workers can get it wrong when using Case law, so the ameteur should proceed with extreme caution.
Gordon
