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.
Case law
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Whether tribunal erred in law by relying on evidence that it did not disclose to claimant / substantial risk under regulation 35 and requirement to consider risk to others
- [2021] UKUT 90 (AAC)
- CE/685/2020
- MH v Secretary of State for Work and Pensions (ESA)
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Secretary of State should, where relevant, provide claimant’s ESA adjudication history and action plan in appeal response to First-tier Tribunal
- [2020] UKUT 148 (AAC)
- CE/2506/2018
- RP v Secretary of State for Work and Pensions (ESA)
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Whether a tribunal should proceed in claimant’s absence when ESA50 is missing from papers / whether a request for an all-female tribunal panel was reasonable
- [2020] UKUT 15 (AAC)
- CE/238/2019
- CB v Secretary of State for Work and Pensions (ESA)
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Claimant who has new condition, or worsening of existing condition, to be treated as having limited capability for work from date of repeat ESA claim until date of decision on claim / First-tier Tribunal not bound by DWP’s decision on regulation 30
- [2019] UKUT 284 (AAC)
- [2020] AACR 8
- CE/633/2017
- CM v Secretary of State for Work and Pensions (ESA)
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Whether absence of treatment is an adequate basis from which to infer existence of function / observations on the use of standard wording in written statements of reasons
- [2018] UKUT 446 (AAC)
- CE/3496/2017
- MM v Secretary of State for Work and Pensions (ESA)
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Decision to proceed with ESA / disability benefit appeal in the absence of a party is for the whole tribunal panel, not the judge alone
- [2018] UKUT 436 (AAC)
- CE/1475/2018
- RK v Secretary of State for Work and Pensions (ESA)
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Whether tribunal required to consider adjournment if representative has not lodged relevant papers from PIP claim in support of ESA appeal
- [2018] UKUT 391 (AAC)
- CSE/279/2018
- MC v Secretary of State for Work and Pensions (ESA)
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Full time student in receipt of DLA should have been treated as having limited capability for work for the purposes of income-related ESA
- [2018] UKUT 304 (AAC)
- CE/1272/2018
- MW v Secretary of State for Work and Pensions (ESA)
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Awarding a Schedule 3 descriptor that is inconsistent with points awarded under Schedule 2 amounts to an error of law
- [2018] UKUT 291 (AAC)
- CE/1159/2018
- Secretary of State for Work and Pensions v JL (ESA)
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Reason for departing from a previous ESA award must be ‘reasonably obvious’ from a tribunal’s other reasoning
- [2018] UKUT 290 (AAC)
- CE/1316/2017
- VH v Secretary of State for Work and Pensions (ESA)
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Tribunal put on notice to seek ESA claim history by evidence that a longstanding health condition had not changed
- [2018] UKUT 94 (AAC)
- CE/3887/2016
- DL v Secretary of State for Work and Pensions (ESA)
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What findings of fact or explanations are required if 6 points are awarded under mobilising descriptor 1(d) to explain non-qualification for more points under descriptor 1(c) or 1(a)
- [2017] UKUT 447 (AAC)
- CE/1492/2017
- GZ v Secretary of State for Work and Pensions (ESA)
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Duty of Secretary of State to provide relevant evidence from PIP award for ESA appeal / reasonable for tribunal not to make own decision to adjourn if experienced representative has not requested it
- [2017] UKUT 413 (AAC)
- CE/1674/2017
- AG v Secretary of State for Work and Pensions (ESA)
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Standard of reasoning required when tribunal proceeds to hear appeal in absence of claimant who has indicated she is unable to attend
- [2017] UKUT 412 (AAC)
- CE/1153/2017
- LR v Secretary of State for Work and Pensions (ESA)
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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
- [2017] UKUT 55 (AAC)
- CE/2018/2016
- PS v Secretary of State for Work and Pensions (ESA)
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Circumstances in which a tribunal is obliged to consider adjourning an ESA appeal in order to obtain evidence relating to a PIP decision
- [2017] UKUT 20 (AAC)
- CE/2314/2016
- JB v Secretary of State for Work and Pensions (ESA)
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A judge sitting on their own is sufficient to decide an appeal which concerns failure to attend a medical examination
- [2017] UKUT 6 (AAC)
- CE/2223/2016
- CH v Secretary of State for Work and Pensions (ESA)
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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
- [2016] UKUT 465 (AAC)
- CE/1588/2016
- GK v Secretary of State for Work and Pensions (ESA)
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Claimant entitled to additional ESA from date change of circumstances notified by telephone, prior to submission of form ESA3
- [2016] UKUT 430 (AAC)
- CE/2407/2016
- YZ v Secretary of State for Work and Pensions (ESA)
- Tribunal’s duties in ESA appeals where copies of previous decisions and medical reports not provided
- [2015] UKUT 706 (AAC)
- CSE/435/2013
- JC v Secretary of State for Work and Pensions (ESA)