lost my documents! — Scope | Disability forum
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lost my documents!

barneymcgee56
barneymcgee56 Community member Posts: 7 Listener
Hello..my name's Barney and i'm new on here. My appeal is being heard next (5th dec) and i'm going frantic as i've lost all my documents..I wonder what is going to happen when I get into the courtroom without the docs. Any advice will be much appreciated.

Comments

  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Hi barney and welcome

    If , as you should have done, submitted your case to the tribunal, they will already have your arguements for your appeal. The tribunal only want to find the truth so may question you as to how and why you meet the descriptors that you claim.

    You do not need to have a copy of the paperwork

    In most cases the panel are sympathetic to claiments so as long as you tell the truth you will be fine.

    Don't make any special effort when you attend, the tribunal want to see the "normal" you without any coping mechanisms that you use.

    Good luck and plese come back and tell us how you get on

    CR
    Be all you can be, make  every day count. Namaste
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    @barneymcgee56

    At my PIP tribunal hearing the judge and looked through my copy of the bundle to make sure I had received all the docs.  Therefore, I suggest that you contact the Tribunal Clerk in advance and warn the judge in advance that you have lost your bundle.
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    barneymcgee56barneymcgee56,

    As Matilda and CR have said, the tribunal will already have everything you've sent in, and everything the DWP have sent too. I'd recommend that as Matilda suggests, you get in touch with the tribunal clerks. I'm hopeful that they might be able to send you out another copy, or at least make sure you have one on the day. Whilst CR is right that you don't have to have a copy, it would be helpful to have it so you can have a look through in advance or refer to things in the hearing.

    Will
    The Benefits Training Co:

  • barneymcgee56
    barneymcgee56 Community member Posts: 7 Listener
    I had the appeal yesterday and was very surprised that the DWP didn't even have a representative there. They said they'll write to me soon with their decision, which does not fill me with optimism..nobody from the other side turned up and yet i'm left in limbo.
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    DWP don't always send a rep to PIP appeals.  Sometimes tribunals don't have time to make a decision on the day.
  • barneymcgee56
    barneymcgee56 Community member Posts: 7 Listener
    I won my appeal..says 'the appelant is entitled to ESA with the Work Related Activity component. I don't know what that last part means, i'm going to see my man at the jobcentre tomorrow, he's clued up and a decent guy too. Also I don't know for sure, but I reckon i'm owed some money as i've been on JSA since the middle of April, which is 32 pounds a week less than I was on before my assessment. Any help or advice here will be much appreciated.
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    edited December 2017
    Hi barneymcgee56,

    When the tribunal decided that you are not fit for work, they then have to decide which of two groups you should be put in. The support group is for people who may never work again or who may not be able to work for a considerable time and this group is for the most severely physically or mentally disabled. The criteria for this group is quite specific. If you don't get into this group then you will be put in the work-related activity group, which means that you will be required to attend the jobcentre and meet with a personal adviser. This adviser will discuss where you think you are in terms of possibly going back to work sooner or later and will help you to prepare for a return to work when you are ready. This group is rehabilitative in nature and it will look at helping you to gain new skills to give you the best chance of getting back into work when you are ready. This is what it is supposed to be like but I am aware that some advisers are more strict than that and will (wrongly) expect you to do things like voluntary work. This adviser will have it at their discretion as to how often they should see you and what they should expect of you. Some people aren't seen after their first meeting, some only have telephone interviews to keep in touch, whilst other claimants will be expected to do more but it should all depend on the individual's circumstances.
    Yes, it sounds as though your money should increase to include the work-related activity component of £29.05 a week. This component has been abolished from new ESA claims since April 2017 but your claim is an existing one prior to April so you should still get the extra money.

    Lee
    The Benefits Training Co:

  • barneymcgee56
    barneymcgee56 Community member Posts: 7 Listener
    Hiya..I am waiting until things get back to normal after xmas and new year, then i'll chase up my case. My friend who is disabled assures me i'm entitled to extra money weekly and back-dated money as well..in his words they are 'trying it on'. Been told to get CAB involved as well.
    I don't need to sign on anymore or look for jobs. My next payment should be in my bank on 3rd january, then i'll take it from there..as always, any advice will be much appreciated.
    Also, as i'm in the 'work-related' group, I want to do volunteer work at a nearby nature reserve, just a couple of half-days a week when i'm feeling up to it. I want to know whether or not this is a good idea..always had a great love of, and respect for nature.
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Any work undertaken whilst receiving benefit should be carefully considered in that it does not conflict with the reason for your claim. For example if you are claiming for mobility, working delivering leaflets would not be compatible

    CR
    Be all you can be, make  every day count. Namaste
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    Hi barneymcgee56 - as CR quite rightly says, when you have been placed into the work-related activity group and you then decide to do some work, whether paid (using the permitted work rules) or voluntary, then you need to ensure that the skills / abilities you need in order to do the work do not conflict with the descriptors which yielded you enough points to get ESA. I expect you will know exactly how you scored your points as you have been through a successful appeal, so it's really important that any voluntary work doesn't give the DWP any reason to reassess your ESA entitlement on the grounds that they think your health condition has improved. The key issue if you were ever asked about it is that it is something you can do when you're feeling up to it, and that you still satisfy all the descriptors which got you onto ESA in the first place. As Lee says, the DWP work coaches and advisers have a lot of discretion in how they work with you, so it's important that you are clear about your ongoing limitations and the fact that doing the voluntary work does not indicate that you are now ready for work.
    Hope this helps,

    Jayne
    The Benefits Training Co:

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