Forthcoming ESA appeal but client going into residential rehab..

Hi guys

Just looking for any experience of/advice on the following situation -

Client is appealing a decision she is not entitled to ESA (not a new claim, but after re-assessment). We have submitted further medical evidence and a written submission and these have been acknowledged, so now waiting for appeal hearing date and I was planning to accompany client.

Client has been waiting to enter a residential rehab facility to deal with alcohol addiction, and has now been advised she will be admitted next Thursday. Client will stay for 3.5 months and reports she will not be permitted to physically leave the centre for any reason until at least half way through the programme. The centre is not local and nobody will be forwarding clients post. Client does not have a mobile and has no network of family or friends to help with any organising/logistics.

So it’s pretty clear that client will receive her hearing date soon after she has gone into rehab. Other than requesting a paper hearing, is there any other way of dealing with this situation? I have no experience of requesting a postponement of a hearing for such a long period of time and don’t know how HMCTS would respond. A paper hearing is the obvious answer, but given the nature of clients issues (mental health) , and based on previous experiences of attending tribunal with client, I think it would be much better for her appeal to be heard in person. (nb client has previously been awarded ESA as she has been found to have LCW under reg 29, and this is the basis of her current appeal).

Am at a bit of a loss about any other options in this situation. I have no idea what help/support client will be able to access on this issue once she is resident at the clinic, if any. All thoughts and advice gratefully received.

Thanks

So long as the rehab offer can be documented, along with the other factors you mentioned, I don’t see any reason why a postponement wouldn’t be granted.

Is she under secondary care? South Staffs CMHT are pretty good at sharing info if she’s CPA.

Alternatively if she really wants to go to the hearing one thing I’ve done here is to have the appeal transferred to the venue closest to the rehab facility and ask the staff at the facility to take her. If you’re still listed as rep you will get a listing notice and can let the rehab facility know.

Thanks for the replies guys.

Client has no other agencies involved in her care/support apart from various periods of contact with a local Wellbeing service which offers counselling. Have known her for several years and there’s never been any on-going input from CHMT - the rehab programme has come about via the GP.

Client coming to see me next week before she is admitted, so I’ll start by seeing if we can contact the Centre and establish whether they would be able to accompany client to a hearing at a closer venue (will do some research and see if I can identify where that might be). Would be helpful for me going forward to know what sort of help, if any, is available with practical issues such as benefit matters for residents.

Failing that I’ll write to request a postponement and include as much supporting evidence as I can.

Seems to me this has potential to be a Skype or phone hearing but I would also give consideration to simply getting authority from the client to proceed in their absence. I could see the logic of a postponement if there was evidence to still be gathered but if there’s not then what’s the detriment in a written submission and an accompanying appearance from the rep? If during the course of the hearing it becomes apparent that the absence of the appellant is a serious detriment to the fact finding process then an adjournment can always be requested.