Mandatory reconsideration rules deemed unlawful for ESA claimants – impact explained

The ruling was critical of particular elements of the bureaucracy involved: “After the hearing, the Secretary of State provided a further witness statement and exhibits from Ms Wilson, and further detailed written submissions.

“However, none of this further information provides the answer.”

The judge concluded his findings by declaring that the regulations concerning the appeal process are unlawful insofar that they are applied to ESA claimants engaging with mandatory reconsideration.

This could, in theory, result in future claimants not having limitations placed on them while their reconsiderations are being evaluated.

The court ruling is very detailed and wide ranging but full details can be found online.


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