URGENT - advice needed

We have a case where our client is a profoundly disabled adult A8 national who has had to move to UK to reside with their sibling as the parents can no longer offer care.

DLA is in place (HRM/HRC) but ESA refused -  client not accepted as sibling due to ‘lack of documentary evidence’ despite ID cards of all family members in UK supplied showing the same parent names on siblings’ cards.

Client has never and will never be able to work, they are wholly dependant on their sibling - can we challenge decision?

hi liz -

i would say appeal - tribunal will have to decide case on balance of probabilities given evidence before them - client’s evidence and that of sibling will also come into play at that stage as well as any other evidence you can get hold of -

are there, for example, photos of them together at family functions?

cheers ros

My experience in cases like this is that a complaint sent with the appeal may speed things up. I normally do this when I think they have failed to take valid evidence into account and/or they are unreasonably delaying the process.

DNA analysis?