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Welfare rights
(ESA)

5 March, 2013

Failure to take account of previous ESA50 medical reports may breach Article 6(1) of European Convention on Human Rights

CE/829/2012

28 February, 2013

Claimant's daughter being terminally ill did not give rise to mental health points or exceptional circumstances being met

CE/2834/2012

25 February, 2013

Failure to properly consider regulation 29 ESA Regulations (exceptional circumstances)

CE/691/2012

18 February, 2013

Right of appeal against nil entitlement

CE/1932/2012

13 February, 2013

Failure to properly consider whether claimant should be treated as having limited capability for work because of epilepsy and learning / behavioural difficulties

CE/1880/2012

6 February, 2013

Amendment of tribunal’s statement of reasons / ‘substantial risk to health’ if found not to have limited capability for work

CE/997/2012

7 January, 2013

Whether an aid can be reasonably used/whether the tribunal should put the appellant on notice that is considering removing points

CE/3117/2011

3 January, 2013

Evidence of child in tribunal proceedings

CDLA/100/2012

22 November, 2012

Sitting or standing descriptors - meaning of ‘either… or’

CE/1516/2012

21 November, 2012

Cross referencing between DLA and ESA statements of reasons

CE/2643/2011

16 November, 2012

Incorrect application of former WCA continence descriptors

CE/2585/2011

13 November, 2012

Descriptor 21 / whether claimant who became angry was also distressed

CE/110/2012

7 November, 2012

Failure to produce a copy of record of proceedings can render a tribunal decision erroneous in law

CE/2446/2011

25 September, 2012

Application of WCA mental health descriptors

CE/1295/2011

3 September, 2012

Appeal hearing in claimant’s absence / application of Rules 27 and 31 of Tribunal Rules

CE/3130/2011

29 August, 2012

Descriptor 3 / whether necessary to bend both knees / descriptor 19 / whether fact that claimant could not go to unfamiliar places alone was relevant

CE/3010/2011

17 August, 2012

Regulation 29 / whether substantial risk to drug user's health if found capable of work / application of Charlton

CE/2796/2011

16 August, 2012

Effect of need for alcohol on assessment for limited capability for work

CE/1757/2011

15 August, 2012

Power of tribunal to remove WCA points

CE/2343/2011

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