A friend of mine John, who has no prior knowledge of the benefits system, has found himself supporting an ESA claimant who has been found fit for work.
Before John got involved, the claimant had a Work Capability Assessment in which he was not asked anything about his mental health issues or suicide attempts despite these being the reason for his claim. Mandatory Reconsideration gave the same response - fit for work.
John has now sent in the appeal form, naming himself as the representative, and is planning that he will attend the tribunal on the claimant’s behalf (ie the claimant not coming with him).
Is this allowed? Or would he be better going for a paper hearing, if the claimant really can’t handle attending?
