Late addition of rep to ESA appeal

I am looking for some thoughts on the best way to proceed…

I have been approached today to rep for a client in an ESA appeal due to be held 04/11/10, next week.  She is trying to get ESA on the basis of her mental health problems and depression.

She was awarded 0 points at the WCA and based on our discussions today it is hard to find which descriptors fit her, I also have the problem that we are unable to get supportive medical evidence.  This is in part because of the timescale and also because the client states that she does not talk to her GP about her problems.

What i cant decide is whether she will be best attending on her own with her father for support or if i prepare a submission and attend as her rep will more be expected?  I.e I’m not sure if i can prepare the best sub based on the info she has given me.

Any thoughts would be appreciated.

Thanks

You say “mental health problems anddepression”

What mental health problem doesyour client have in addition to depression?

She says that she suffers with Post Traumatic Stress.  Her 3 year old son died in a house fire 12 years ago and she states that she has flashbacks of this several times a day and that these cause her to wander into the street and go into a blank as such.

Some specialist must have diagnosed PTSD: do you have any idea who or when? If she hasn’t got a copy of the confirmation of the diagnosis, her GP should have and she ought to be able to get hold of it. Has she had any treatment for the condition, and is she currently on medication or treatment? She may not think she speaks to her GP, but who was issuing her medical certificates prior to the assessment?

If you can decide on some applicable descriptors a short submission (from her) that explains exactly which ones ought to be considered and why could be prepared, and preferably at this late stage taken to the Tribunal - but do keep it short If you overwhelm the tribunal with her and any medical evidence you risk an adjournment which is usually unpleasant for people with mental health issues who have steeled themselves for the ordeal. If you can provide this and explain to her what she needs to prove, and she is comfortable with the support she has got, she may not need a rep. Make sure those who accompany her understand the the Tribunal will mainly intersted in her evidence, but may well ask them if they ahve anything they can add about the way her conditions affects her.

Unless your hearing is in the same place as the regional admin centre, don’t send the sub to the office. The papers for hearings are often sent to the venues a couple of weeks in advance of the hearing and there may be no way of getting late evidence to the members and venue in time at very short notice.

The place to start is with the ESA 85. Take the client through it and ask what she disagrees with and why.