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Statement of Reasons - errors of law
Hello
I posted a few months ago about this case. My client was refused DLA - we have just received the SOR and they make for frustrating reading. I have identified that the tribunal relied on the ESA report which was subsequently found to be wrong as the client was awarded ESA on appeal. I have also identified that they did not explore in more detail the GPs statement that the client is ‘significantly disabled.’ I have highlighted that the client has been awarded DLA following a new claim and that this demonstrates the tribunal have erred. This is because his condition has not changed much and we used the original claim as a basis for the new one.
The area I am stuck on is the way in which they have dismissed the claim pack as it was prepared with my help - is that on? They do seem to have over relied on the ESA report and almost rejected the claim pack and any one else’s evidence. Am I right in thinking that if they do this they have to give clear reasons - surely having help completeing the claim pack is not sufficient to reject it.
Any input welcome
Thanks