EA-v-Department for Social Development (ESA) ((Not Applicable))

This is a claimant's application for leave to appeal from the decision of an appeal tribunal sitting at Bangor.

For the reasons I give below, I grant leave to appeal. However, I disallow the appeal.

The applicant, through her representative Mr Byrne of Citizens Advice, submits that the tribunal has erred in law on the basis that it failed to take into account and/or resolve conflicts of fact or opinion on material matters. The applicant bases this ground on the submission that the report of the HCP in relation to Standing-sitting was not comprehensive and objective due to flaws and inaccuracies in the report. Specifically it is submitted that:

a) the applicant could not have been observed sitting for 30 minutes as stated in the report as the report of the assessment also states that "the client rose multiple times from sitting in an upright chair .." and "was able to get on to the couch without assistance";

b) it was observed that the clinical examination involved limb rotation exercises and lying down, and submitted that as the total examination time was 36 minutes the statement that the client was able to sit on a chair for 30 minutes was unreliable;