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13 years 3 months ago #69110 by Gordon
Replied by Gordon on topic Re:appeal
jackie
nihat wrote:

hi thanks for your reply.sorry didnt make clear.the claim is for my husband and i am his carer.what i meant to say if he is too unwell to go for the appeal can i go instead to represent him as i am his carer? :cheer:

Unless you have been appointed your husbands legal representative, and there are reasons why he cannot cannot attend a hearing, rather than being too ill on the day, then you will not be allowed to represent your husband in the way your are suggesting.

I am afraid that the Tribunal will want to hear your husbands explanation as to why he believes he meets the ESA Support Group criteria.

You can apply for a domicilary hearing, but these are quite rare, and you will need support from your GP that this is a requirement.

Gordon

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 3 months ago #69147 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:appeal
If your husband is too ill to attend on the date given, then he can ask for it to be postponed. There are many with serious illness who've had to postpone, and a further date has been arranged.

Also, there is nothing in the regulations to stop you attending the appeal and explaining that your husband is too ill to attend and ask the tribunal to adjourn the appeal which they have the power to do, especially if your GP can write a letter to this effect.

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