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  • FIRST POST
    • tazwhoever
    • By tazwhoever 7th Nov 18, 6:43 PM
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    tazwhoever
    ESA form to tribunal
    • #1
    • 7th Nov 18, 6:43 PM
    ESA form to tribunal 7th Nov 18 at 6:43 PM
    What happens when you send the SSCS1 form to the tribunal?

    What are all the outcomes from the tribunal?

    Thanks
Page 1
    • Alice Holt
    • By Alice Holt 7th Nov 18, 7:17 PM
    • 2,560 Posts
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    Alice Holt
    • #2
    • 7th Nov 18, 7:17 PM
    • #2
    • 7th Nov 18, 7:17 PM
    The SSCS1 form lodges the appeal with the tribunal service.
    It also forms part of the evidence bundle.

    It is the start of the appeal process. This might explain the process :
    https://www.advicenow.org.uk/guides/how-win-pip-appeal
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • calcotti
    • By calcotti 7th Nov 18, 8:01 PM
    • 940 Posts
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    calcotti
    • #3
    • 7th Nov 18, 8:01 PM
    • #3
    • 7th Nov 18, 8:01 PM
    What are all the outcomes from the tribunal?
    Originally posted by tazwhoever
    The tribunal has a completely independent look at your claim based on the available evidence and makes a decision instead of the DWP so the range of outcomes is the same as the range of potential outcomes when the original claim was made. The only additional outcome is if the tribunal decide to adjourn to consider the decision at a later date for some reason.
    • tazwhoever
    • By tazwhoever 7th Nov 18, 9:37 PM
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    tazwhoever
    • #4
    • 7th Nov 18, 9:37 PM
    • #4
    • 7th Nov 18, 9:37 PM
    Thank you all, when I am given the hearing date, can I continue to send more evidence just before the actual date? Or is the decision made when I completing and sent the ESA50 form to DWP?

    I attend few hospitals for my conditions and receive clinical letters, that's why I am asking.

    Can the tribunal reject your claim and stop it? I have plenty of medical evidence but still being scared. I am trying to move from WRAG to SG.

    Many thanks
    • poppy12345
    • By poppy12345 7th Nov 18, 9:54 PM
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    poppy12345
    • #5
    • 7th Nov 18, 9:54 PM
    • #5
    • 7th Nov 18, 9:54 PM
    Yes you can send extra evidence to HMCTS anytime before the Tribunal hearing date but i'd recommend you make sure it arrives no later than 10 days before the hearing date. This way you'll know for sure it will be used as evidence.


    Also remember that they will only be able to take into consideration what you were like on the date of the decision. The Tribunal won't reject your request and i'm not sure why you think they would.



    I totally understand why you're worried but try to relax (easier said than done i know) but your current WRAG award is NOT at any risk. As stated previously if HMCTS have any reasons to find you fit for work then they would warn you in advance by either contacting you before the hearing or at the hearing itself. If it's at the hearing then the Tribunal will adjourn to give you time to decide what you want to do.
    • calcotti
    • By calcotti 7th Nov 18, 10:27 PM
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    calcotti
    • #6
    • 7th Nov 18, 10:27 PM
    • #6
    • 7th Nov 18, 10:27 PM
    Poppy, excellent reply. Makes me realise that the statement in my post that "the range of outcomes is the same as the range of potential outcomes when the original claim was made" was misleading. Glad you've clarified.
    • tazwhoever
    • By tazwhoever 8th Nov 18, 3:53 AM
    • 1,030 Posts
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    tazwhoever
    • #7
    • 8th Nov 18, 3:53 AM
    • #7
    • 8th Nov 18, 3:53 AM
    Thank you for the replies Poppy and calcotti, I really appreciate it. Time to relax as requested by Poppy!

    Many thanks
    • Alice Holt
    • By Alice Holt 8th Nov 18, 12:35 PM
    • 2,560 Posts
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    Alice Holt
    • #8
    • 8th Nov 18, 12:35 PM
    • #8
    • 8th Nov 18, 12:35 PM
    Because your appeal is about whether you should have been placed in the SG rather than the WRAG, it helps if the submission and evidence you send relate to the SG descriptors:
    https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
    and regulation 35 (risk to health if required to attend WFI):
    https://wcainfo.net/issues/substantial-risk-lcwra
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • tazwhoever
    • By tazwhoever 10th Nov 18, 11:16 AM
    • 1,030 Posts
    • 236 Thanks
    tazwhoever
    • #9
    • 10th Nov 18, 11:16 AM
    • #9
    • 10th Nov 18, 11:16 AM
    Form is gone to tribunal and having few conditions but I am very scared of tribunal. I've got medical evidence, sick but they might take away my current group WRAG. Personal questions to panel and my rep. Being unaware and confused because of my meds.

    Can my rep speak on my behalf?
    If I decide to cancel the tribunal because of my fears, what happens?
    To current benefit?

    I know Poppy said relax but it's so scary and damaging to my health.

    Thanks
    • poppy12345
    • By poppy12345 10th Nov 18, 11:23 AM
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    poppy12345
    Your rep will not be able to speak on your behalf. The Tribunal will want you to tell them in your own words how your conditions affect you.



    When you say "rep" is this a family member or friend or someone from welfare rights or another advice centre?



    As i previously advised there's no risk at all to your current award. If you decide not to go through with it then you contact HMCTS and cancel, your ESA WRAG will continue as it is now.
    • calcotti
    • By calcotti 10th Nov 18, 11:25 AM
    • 940 Posts
    • 651 Thanks
    calcotti
    Most tribunals will try and put you at your ease. Your representative will usually be allowed to speak but the tribunal primarily want to hear from you about how your health affects you.
    • tazwhoever
    • By tazwhoever 10th Nov 18, 6:21 PM
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    • 236 Thanks
    tazwhoever
    Thanks both, rep will be welfare rights. Can I take my partner and rep together? My partner looks after me and can he speak? I am very confused and unaware. My intention and words don't match. I am always double checked what I need, if I said something it might not be what I intended. Seeing also a psychiatrist at the moment.
    • Alice Holt
    • By Alice Holt 10th Nov 18, 6:41 PM
    • 2,560 Posts
    • 2,956 Thanks
    Alice Holt
    Thanks both, rep will be welfare rights. Can I take my partner and rep together? My partner looks after me and can he speak? I am very confused and unaware. My intention and words don't match. I am always double checked what I need, if I said something it might not be what I intended. Seeing also a psychiatrist at the moment.
    Originally posted by tazwhoever
    Yes, both can attend.

    If your partner wishes to speak, or to clarify / add to something you have said - then it's best if he asks permission from the panel chair first. Something like "Can I add something to that....".

    He may be given an opportunity to add comments during the hearing - so taking some relevant notes can be useful for both you and your partner.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • poppy12345
    • By poppy12345 10th Nov 18, 6:42 PM
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    poppy12345
    Only you will be able to answer the questions about how your conditions affect you, not the rep or your partner. The Tribunal will want to hear it from you in your own words.


    As you have a rep from welfare rights you have the best chance of a decision going in your favour. Not many people are able to find a rep to support them. You should be letting your rep deal with everything for you and any questions you have should go to your rep, after all that's what they're there for.
    • poppy12345
    • By poppy12345 10th Nov 18, 6:43 PM
    • 3,793 Posts
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    poppy12345
    Posted at same time as Alice but just to add that sometimes at the end the Tribunal will ask the person that's with you (your partner) if there's anything they want to add.
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