I have two appeals for the same person on the same day back to back. First Appeal is against ICB, second is ESA appeal as he claimed ESA awaiting outcome of ICB appeal but ESA now also disallowed. What if ICB appeal is successful? What would I do with ESA appeal hearing? No doubt if he loses ICB appeal he will probably also lose ESA appeal.

Fri 27-Nov-09 10:25 AM by nevip

Obviously, as you probably know, if he wins the ICB then he goes back on that and the ESA becomes irrelevant. In practice though the tribunal will hear both appeals at the same time and will take evidence from the client that it can use in both decisions, subject to what descriptors you put in issue. If the tribunal is minded to allow the ICB appeal it could put you on notice of that intention and it then might invite you to withdraw the ESA appeal after the ICB decision notice is drawn up and handed to you. Or it might give you a decision on the ESA also. Difficult to predict with any certainty. The ultimate decision on proceeding with the ESA appeal ultimately rests with your client of course.