Employment and Support Allowance (ESA)
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Employment and support allowance tribunral

I wonder if anyone can help.me with a query. We have been waiting for a date for my husband's ESA tribunral hearing. Today it came and it's set for mid November. Only thing is two weeks ago my husband had a stroke. At present he has no use of his right arm, his walking is unsteady and his speech is effected. He has confusion due to the stroke. We have OTS coming in everyday. Exercise is. Having little effect. 
Will we still.have to go to tribunral? What happens if he can't talk? This a really worrying me .
Any advice will be greatly appreciated 
 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I'm sorry to hear this. Yes he will still have to attend the hearing. The Tribunal will expect him to answer the questions himself rather then you do it for him because they will want him to tell them in his own words how his condition affects him.

    The Tribunal can't take into consideration a worsening of condition since the original decision was made, as awful as that sounds.

    Does he have a rep supporting him through this?
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • susie123susie123 Member Posts: 17 Listener
    No we don't know where to go for this  and can't afford to hire someone 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As he doesn't have anyone then it's most likely too late now as he's already been given a date. I'm not sure what will happen if he's unable to speak during the hearing. Hopefully someone else will see this and advise you further but i do know that usually the panel won't allow the person with the claimant to speak for them.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • mikehughescqmikehughescq Member Posts: 5,994 Disability Gamechanger

    A couple of things:

    1) In terms of representation look at local law centres; independent advice centres; any charity supporting any of his health conditions; Citizens Advice or local authority welfare rights.

    2) Does the GP or consultant believe he can attend something like a tribunal without it being detrimental to his health? You need their professional view on this. I can't second guess that but I think it would be entirely understandable if they were to conclude that it would be detrimental.

    If you can get the evidence then you use that to request a postponement in writing and keeping a copy.

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