esa tribunal being a representativ

I am representing my daughter at esa tribunal in Nov. she has social anxiety and struggles to interact socially with anyone outside immediate family. Her medical in early Jan gave her 12 points the weeek after she took an overdose and was hospitalised for a week. I have asked jobcentre disability adviser to give brief report from a work focused interview in July, she couldn't converse at all and I did the talking. I have asked her Psych to give a report again she cannot engage with mental health team. She is trying to do a part time college course and really struggling with social aspects and acaedmic study. Any advice as what else I need to do to prepare case? Do they listen to professional opinion if it is dated after medical? Be grateful for any help.
Thanks

Hi neuroticmum

You will find a comprehensive guide to ESA appeals in the members' area, which advises you of what evidence can be submitted and how to send it. Also read the claims guide; it explains what's required for each descriptor.

The tribunal will look at your daughter's health at the time of the date on the DWP decision letter. They will consider professional opinions after this date as long as it refers to this time, or as long as your daughter's condition hasn't changed since.

I would advise you to tell the Clerk at the tribunal who will speak to you before you go in that you are there as a witness (not a representative) and would like to speak. A representative is expected to understand the law. When an appellant is unrepresented the Judge is obliged to consider issues that a representative would obviously raise.

Best of luck

Derek

Hi Derek

Thanks for your help. We had tribunal this week but were informed a few hours before hand that we had won appeal and my daughter wouldn't have to go through ordeal of attending hearing. From 12 points to 40 points and out on support group. Your website gave me the confidence to fight our corner and the information to do it effectively.It only took one sentence from her Consultant psych saying that an interview would adversely effect her health to win appeal.

Thanks Again

That's brilliant news! Congratulations!

Thank you for letting us know the result of your daughter's appeal - you both must be extremely relieved.

I really cannot understand why your daughter was ever subjected to such an ordeal when she had taken an over-dose and hospitalized just before the medical took place.

Surely exceptional circumstances should have been considered by Atos and the decision-maker?

It really concerns me that Atos Healthcare will probably never be held to account for their poor medical advice.

Why is their no system in place for the tribunal service to offer feedback to Atos and the decision maker when they have got it so wrong, and some kind of monitoring to ensure they do not keep making the same mistakes?

I hope your daughter and you as her carer are never subjected to such an ordeal again.

I am sure mental health organisations such as Mind and Rethink would be interested in hearing about your daughter's experience of the system if you both feel up to sharing it.

Best wishes

Hi Neuroticmum

Congratulations to you and your daughter. It must be an enormous relief to both of you.

I share Catherine's view that she should never have had to go through this ordeal. The DWP do receive feedback regarding their decision-making from the President of the Appeal Tribunals, but unfortunately they take no notice of him.

Best wishes

Derek