CA v Secretary of State for Work and Pensions (ESA) (Employment and support allowance : other)

The appeal is dismissed.� The decision of the First-tier Tribunal did not involve the making of any material error of law.

The appellant brings this appeal with my permission.� The issue is whether the F-tT erred in law by failing to adjourn her appeal against a decision terminating her entitlement to ESA (Employment and Support Allowance) on the basis that she did not have limited capability for work.� Her representative submits that the Tribunal should have adjourned in order to call for a previous WCA (Work Capability Assessment).�

It is also not surprising that, in the absence of any indication by the appellant that her previous claim history might be relevant, that the F-tT decided that it was appropriate to proceed on the evidence it had and dismiss the appeal.�

Following the F-tT�s decision, the appellant consulted a welfare advice organisation.� The representative discovered that the appellant had gone through a WCA in connection with an earlier claim though she was found not to have limited capability for work. �The appellant told the representative that she had previously scored 12 points, but we now know that she scored only 9 points.�

The Secretary of State did not support the appeal.� He did, however, supply an adjudication history and the most recent previous ESA85 (the health care professional�s report for the purposes of the WCA).� The adjudication history showed that