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Are first tier Tribunals bound by recent and relevant first tier decisions about the same appellant
I have a client who was recently given an indefinite award of HRM as VUTW by a FtT.
The same client is now having an appeal for ESA and I am thinking about submitting that as the issue of walking,(and that would include walking with a stick or crutch under para 4 of Reg12 of the DLA regs) has already been dealt with the only ESA issue is whether the person could potentially ‘mobilise’ by using a wheelchair (and this would obviously be subject to CE/1217/2011 and any medical evidence we can get).
This isn’t the issue though, I seem to recall some case law that dealt with relevant decisions of a Tibunal or Court with ‘equal jurisdiction’ to the current court or Tribunal and whether or not they were binding on the current Tribunal or only persuasive but,try as I might, I can’t track it down.
I might of course me misremembering it all as its Friday and i’m tired but even if the specific case is only in my imagination any other observations would be gratefully recieved
The same client is now having an appeal for ESA and I am thinking about submitting that as the issue of walking,(and that would include walking with a stick or crutch under para 4 of Reg12 of the DLA regs) has already been dealt with the only ESA issue is whether the person could potentially ‘mobilise’ by using a wheelchair (and this would obviously be subject to CE/1217/2011 and any medical evidence we can get).
No, one FtT does not bind another, and I wouldn’t say it’s res judicata either. You could argue that the evidence from the DLA appeal points to the difficulties with walking, and if you can show evidence which indicates your client could not propel themselves, there shouldn’t be a problem.