Practice and procedure
Practice and procedure issues relate to claims, mandatory reconsideration and appeal processes, and the responsibilities and powers of decision makers and tribunals. Whilst there has been ESA case law concerning practice and procedure issues, case law from other benefits may also be relevant.
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Tribunals are not under a duty to consider telephoning a claimant in the event of their unexplained absence at a hearing
-  UKUT 55 (AAC)
Circumstances in which a tribunal is obliged to consider adjourning an ESA appeal in order to obtain evidence relating to a PIP decision
-  UKUT 20 (AAC)
A judge sitting on their own is sufficient to decide an appeal which concerns failure to attend a medical examination
-  UKUT 6 (AAC)
Tribunal failed to properly consider effects of work-related activity on claimant’s mental health / caution required when changing an appeal hearing time on the day
-  UKUT 465 (AAC)
Claimant entitled to additional ESA from date change of circumstances notified by telephone, prior to submission of form ESA3
-  UKUT 430 (AAC)
- Tribunal’s duties in ESA appeals where copies of previous decisions and medical reports not provided
-  UKUT 706 (AAC)