Hi there

I interviewed a client yesterday who had an IB appeal last year but did not attend (due to depression and anxiety) so she sent a family member and surprise surprise her appeal was refused. She received a statement of reasons on 19/06/09 but did nothing with this. She claimed ESA in Sept 09 and failed her medical so is now appealing this.

My question is can she ask for the decision to be set aside or appeal to the Upper Tribunal based on the fact that she didn't attend the original hearing? I don't know why she didn't ask her daughter to request a postponement instead of letting it go ahead.

I've checked CPAG and there is no time limit for requesting set asides etc other than do it asap after the one month of receiving the SOR. You can ask for the limit to be extended but is 7, nearly 8 months too ridiculous?

Thanks!
Jo