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.
Commentary: Whilst we don't yet have any commentary in relation to the case law items below, we'd love to hear from you if you'd like to contribute. Send us a suggestion and we’d be happy to incorporate it here. | Add commentary or suggest an edit.
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)