DLA/ESA Joint Lower Tribunal

At a recent LT heard evidence re DLA, then adjourned, made decision and then made decision during adjournment to allow ESA appeal as well.

Would I be correct in assuming that a challenge to the Upper Tribunal may succeed in the interests of justice-as neither the appellant nor I as rep, were given the oppurtunity to address whether or not the claimant should be in the support group or the work related activity group. 

Neither were we told that the tribunal would make a decision in the way it did (this of course may just have been the way things worked out on the day )

As a rep I think it is probably best in terms of focus of all parties if a tribunmal deals with one appeal rather than trying to do things in this manner,

Thanks in advance,

Toby

hi -

CE/2541/2010 is recent UT decision which says that ok for tribunals to hear appeals consecutively as long as they are properly constituted and as long as there is a proper consideration of the issues -

here’s a link to briefcase summay -

http://www.rightsnet.org.uk/briefcase/summary/Tribunal-hearing-ESA-and-DLA-appeals-at-the-same-time/

it sounds as though you would have good argument to say issues not properly considered if there was a question whether your client should be in support group which wasn’t looked at.

cheers ros