IB appeal - role of supporter

I am supporting my daughter who has mental health problems at her IB Appeal on 4th oct. At her PCA in early spring I also tried to support her but the examiner would not let me speak. Does anyone know if I have the right to speak (in order to help her focus and organise what she wants to say) at her Appeal? Also, will we be asked purely about how she was at the time of her PCA or will they ask how she is now. thankfully she is making good progress but not ready for employment yet. She has a helpful psychologist who has written to the appeal to support her.
There seems to be no middle way. The system does not seem to allow you to take small steps eg a volunteer commitment or a small bit of paid work and still be considered ill. After the PCA did not give enough points she was told to apply for job seekers which she did, but was refused on grounds her boyfriend with whom she lives earns over the limit (just). Is it right that because she was on IB not ESA she can't get on to the support group you can get via ESA?? Any advice greatfully received. By the way, your website is so helpful, thank goodness I found it and joined. It helped us prepare the Appeal documents. Tae

Hi Tae,

You should have been allowed to speak at your daughter's medical and the refusal to allow you to do so should be raised by you at the appeal hearing. See our guides to claiming for more about the guidance given to Atos health professionals when a supporting person attends a medical.

At the appeal hearing you should make it clear to the clerk prior to the hearing that you are there to support your daughter but you also wish to give evidence yourself.

There is no support group for incapacity benefit.

Good luck,

Steve

Hi Tae

With regard to the medical, this is what the Incapacity Benefit Handbook for Approved Doctors states:-

Claimants will often feel more at ease when accompanied, and indeed this may be a prerequisite to enable them to come to the Examination Centre.

Companions will be able to give useful information, particularly in cases where the claimant has mental health problems, learning difficulties, or communication problems, or people who stoically understate their problems.

Occasionally, a companion may wish to give too forcefully their own opinion on the claimant's disability, perhaps giving a biased view.

You will use your own judgement in weighing the companion's evidence. If the companion is too intrusive, then you should point out that the claimant must be allowed to express their view. If this strategy is unsuccessful the companion should be asked to leave.

The actual physical examination is not normally done in the presence of the companion, but strictly with the claimant's consent, and if it appears a reasonable request, then the companion should be allowed to be present.

Common sense suggests that you should be allowed to speak, especially being her father. Clearly the examiner disregarded his or her guidebook and I think it is worth mentioning on appeal.

You should be able to speak as a witness at her appeal. But it should be made clear that you are a witness and not her representative, as being a rep entails additional responsibilities, and may affect the level of questioning by the judge.

The appeal will focus purely on her condition at the time of the DWP decision (not the medical), and the tribunal will not take into consideration changes since this date.

I agree with your point that there is no middle way, studying web-design with the intention of becoming self-employed was my downfall at my last PCA (I was nowhere near the stage of working).

Finally, the support group applies only to ESA and not IB.

I realise Steve's just answered your query while I was typing but I'll submit this anyway. Please study the appeal guide in the members' area, and best of luck with the appeal.

Derek

Thanks very much to Derek and Steve for your helpful replies. It really helps to know we should focus on what the problems were when the DWP made their decision and not the present day issues. I will also do as you say and tell them I wish to give evidence as well as be a supporter. regards, Tae

Hi Derek, Just wanted to thank you and Steve and the whole website for your tremendous help . I accompanied my daughter to her Appeals Tribunal yesterday. A lawyer and a doctor interviewed her -they had a much kinder approach than the dreadful PCA doctor. I submitted a written witness statement and said I wished to support my daughter and be a witness. They allowed me to do so and they awarded her the IB again, so we are very thankful and relieved. It is a great relief to her and will give her the stability to carry on getting better.
thanks again, Tae (her mum!)

Hi Tae,

Great news, good luck to you and your daughter for the future.

Regards, Pud