Help with ESA appeal please

Hi,
To cut a long story short, my friend of 25 yrs who has been claiming ESA support group uder reg 35 since 2012 (awarded after tribunal and again on paper review in 2014)and incapacity benefit before that since 2005 for PTSD, depression etc due to being in an abusive violent relationship for yrs was knocked back on review this yr to WRAG to under reg 29 and again on mand recon, has since as a result she stopped taking her medication had a breakdown, stopped seeing her GP, family and councillor as she felt no one believed her and she wanted to die, I have persueded her to go back to her GP, he has restarted her medication and shes back to the local mental health team. She did provide with my help enough evidence, GP 113 stated PTSD, previous pcychiatric input from 1990 to date in the ESA50 and mand con and all professionals details to contact but DWP has not recognised or contacted her mental health team but DWp do recognise that at her medical her mental health is fragile and so do the jobcentre, all of which was submitted.

My question is as she can not face this anymore and has caused a major decline in her mental healh as a result ( her tribunal is on paper )is it acceptable by the tribunal for me to write into them on her behalf explaining all that has happened, her decline and asking them to obtain evidence from her local mental health team details previously given to DWP but not obtained now that we have the bundle?
Many thanks
Bam

ok so proof is needed maybe from her GP to state that there has been no inprovement in her condition from her last assessment in 2014 when she was placed into the support group and her review this year? which there wasnt but her latest breakdown caused by the mand con/ appeal process can not be taken into account. There are some details missing that happened at her medical that have already been challenged so am thinking I need to highlight those instead?
Many thanks

Hi Bam,

When qualifying under the 'Exceptional Circumstances' descriptors. the onus is always on the claimant to prove that these rules apply to them.

Whilst it might be enough to say 'things haven't changed' for other descriptors, this is not enough for rule 35. Ideally, her GP will need to state how and why undertaking WFAs would realistically cause harm (and what that harm will be). If the GP does not, then the claimant (or you on their behalf) will have to spell it out.

It is only worth challenging the assessment report if it relates directly to the descriptors.

Thanks Gordon thats a great help

Thanks Mrs H, on looking at the medical assessors report (the assessment was taped as well) their are a few answers to questions that weren't actually asked on the day and absolutely no mention of the fact that her daughter after 3 attempts into the building had to drag her in and at this point she was so bad they had to put her in a separate room away from people before her assessment, she cried the whole of the assessment and the only thing mentioned in relation to this is "distressed" but they comment that she showed no psycological problems! Thanks for all your help, I think I will concentrate on highlighting the untruths from the assessment and then explain how the whole proceedure has caused a breakdown, from my friends point of view, then explain I've had to help her with the appeal due to whats happened and submit a letter from myself as a friend as extra evidence, hopefully this will prove the fact that she has limited capability for work related activity

Bam