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Tribunal

  • bro58
12 years 6 days ago #105650 by bro58
Replied by bro58 on topic Tribunal
Hi K,

As I seems that you are confused regarding The OP's issue, and it would not be possible for us to discuss all your personal financial details on the forum, I would advise that you seek face to face advice ;

Where to get advice?

Or put Welfare Rights/Advice into your internet search engine with your Town/Postcode.

I would recommend in the interim, that you send a letter to The DWP informing them of all/any OP's that you are in receipt of, to cover yourself. (Keep a copy)

Sending Documents to the DWP or ATOS

This should be done as a totally separate issue to you appealing the 0 points decision.

bro58

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  • bro58
12 years 6 days ago #105651 by bro58
Replied by bro58 on topic Tribunal

Kettle wrote: Thanks,the written confirmation and pack i received on Saturday and tribunal letter today,i have spoken to welfare rights and they have said that if i drop the pack off to them they will look at representation on my behalf,i assume they are ok to deal with these matters as i havent a clue.
Bro,thanks for your concise reply,Dwp were informed of OP,s but i am going to get my daughter to write to them as i am still a little concerned about 1 OP being factored in by DWP and not the other,also the early part of my claim i was on deaths door and it strikes me as being a little vague on dwps behalf,after 33 years of contributing to the system it appears i aint going to get a lot of help when i need it whether i wish to use it or not.
Thanks K


Hi K,

If it is a recognised Welfare Rights Agency, they will have a lot of experience in dealing with ESA Appeals.

It will be far easier to explain your circumstances face to face than on the forum. (even though we seem to have clarified it now. :) )

Good luck, and keep us updated.

With regards to your OP's "Yes" that would be the best thing to do, to cover yourself, as suggested in my post, here :

www.benefitsandwork.co.uk/forum?view=top...8267&start=12#105650

Which seems to have crossed with yours.

bro58

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12 years 5 days ago - 12 years 5 days ago #105698 by Mick Egan
Replied by Mick Egan on topic Tribunal
Thanks bro,our posts cross,also as i have an appointment with avanta later this month and as i am now waiting for a tribunal date to be set how do i stand with attending that? do i need to inform them that i wont be attending?Can do without any more issues with DWP

Thanks K
Last edit: 12 years 5 days ago by bro58.

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  • bro58
12 years 5 days ago #105700 by bro58
Replied by bro58 on topic Tribunal

Kettle wrote: Thanks bro,our posts cross,also as i have an appointment with avanta later this month and as i am now waiting for a tribunal date to be set how do i stand with attending that? do i need to inform them that i wont be attending?Can do without any more issues with DWP

Thanks K


Hi K,

As you are currently classed as "fit for work" and you are appealing that decision, you do not have to take part in any further WFI's or Work Related Activity that may be instigated by Avanta. (who seem to be your designated Works Provider)

You cannot be compelled to take part in WFI's or WRA, as you are not in The WRAG, therefore you are not in receipt of The WRA Component payment of ESA, nor are you signing on for JSA.

Do I have to attend WFIs while I appeal?

I would contact Avanta, and state the above, you could also send them a copy of the "fit for work" decision notice, and any letters stating that you are in the process of appealing this decision.

Even though Avanta are not the DWP/ATOS, you should abide by the guidelines below.

Sending Documents to the DWP or ATOS

bro58

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12 years 5 days ago #105702 by Gordon
Replied by Gordon on topic Tribunal
Kettle

Can I ask a question. Have you confirmed that you received a Fit for Work Decision.

My reason for asking is that you are saying that you have been forwarded to a Work Programme provider, you were previously in the Support Group so would not have been liable to this unless you volunteered, and as Bro has advised you should not now be forwarded if it was a Fit for Work.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 5 days ago #105739 by Mick Egan
Replied by Mick Egan on topic Tribunal
Thank you bro,Yes Gordon,i received a phone call stating that my ESA was stopped from that day,they owed me 2 days and that would be paid to me and did i want her to put me through to the jobcentre??No i replied having just spent 20 mins getting down my stairs ha,i rang my original interview lady at the JC who was a bit surprised at the protocol,however she advised me to appeal and i then contacted my local welfare rights,i received a letter to that effect'fit for work'a day later.Avanta called me when i didnt turn up last appointment,JC lady said they shouldnt have so you are correct Gordon,i did send Avanta a note and copy of self cert just to cover myself but the Avanta girl who rang me said they didnt have any post as the manageress had gone on 4 days holiday and took all the post with her!
Just as a note for others,i submitted my GL24 as advised,on the 29th May i rec'd the standard letter 'we will look etc please send any further evidence',we sent more evidence on the 3rd and 4th recorded delivery but no use as the decision and tribunal pack sent to me on the 7th June with a decision made on the 30th May so no point sending the further evidence really,i have asked for said papers back as they werent and obviously arent going to be used and are personal to myself.
Thanks k

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