When I had my ESA medical, my husband wasn't allowed to speak for me - fair enough I guess.
However, I have a friend who is appointee to her daughter who is being transferred from IB to ESA. Is she allowed to speak for her daughter? Her daughter has Downs Syndrome and has no understanding of how much support she uses and needs to get by in everyday life.
Anne
Last edit: 11 years 3 weeks ago by . Reason: Tick.
When I had my ESA medical, my husband wasn't allowed to speak for me - fair enough I guess.
However, I have a friend who is appointee to her daughter who is being transferred from IB to ESA. Is she allowed to speak for her daughter? Her daughter has Downs Syndrome and has no understanding of how much support she uses and needs to get by in everyday life.
Anne
Where the claimant is unable to speak with authority on their condition(s), especially where they have no appreciation that they may have one, then the panel should allow an appointee to speak on their behalf in part or in whole.
It would be worth contacting the Tribunal Service to make sure that they are aware of this in advance of the hearing, hi-lighting, if applicable, that close questioning might cause the daughter distress.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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