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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Statement of Reasons - errors of law

HJH15
forum member

A4U Shropshire

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Total Posts: 1

Joined: 26 November 2010

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