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Top Decision Making and Appeals topic #3950

Subject: "When someone has an appointee should the client attend the appeal?" First topic | Last topic
iut044
                              

Advisor, South West Lancashire Independent Community Advice
Member since
15th May 2007

When someone has an appointee should the client attend the appeal?
Wed 14-Apr-10 03:41 PM

Hi

I have a eighteen year old client who has ADHD, he is able to communicate to a certain extent and I don't think he would be aggressive in a tribunal environment (although it may make him a bit anxious). However, his mother is his appointee. Should the mother attend the tribunal alone or should both attend?

Thanks

  

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Replies to this topic
RE: When someone has an appointee should the client attend the appeal?, ariadne2, 14th Apr 2010, #1
RE: When someone has an appointee should the client attend the appeal?, iut044, 19th Apr 2010, #2

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: When someone has an appointee should the client attend the appeal?
Wed 14-Apr-10 09:01 PM

What sort of tribunal is it?
If it's a general social security appeal (eg, income support) I would say the mother alone.
If it is about DLA or ESA, in my experience the Tribunal will find it beneficial to meet the claimant himself, certainly once legally adult. This will allow them to make their own conclusions about his disability as well as take evidence form both him and his mother.
I'm a bit surprised that ADHD alone would interfere with communication: in my experience (again) communication difficulties tend to indicate a disorder somewhere on the autistic spectrum (unless there is a generalised learning disability as well). I know there is a lot of overlap in diagnoses but I have seen a lot of kids described as having ADHD who were almost certainly autistic - I had a lot of contact with a consultant paediatrician over the years and she was very clear about several of these cases.

  

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iut044
                              

Advisor, South West Lancashire Independent Community Advice
Member since
15th May 2007

RE: When someone has an appointee should the client attend the appeal?
Mon 19-Apr-10 12:49 PM

Thanks for your help

It is a Disability Living Allowance appeal. My client only has very mild communication problems. His main difficulties are his poor memory and impulsiveness.

  

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Top Decision Making and Appeals topic #3950First topic | Last topic