DBU have lost claimants original documents

Has any-one encountered this situation?

My client has a moderate learning disability. She was awarded lowest rate care component of DLA when she applied for it. Her appointee thinks she qualifies for the middle rate, I agreed and sent an appeal on her behalf. The DBU then contacted me to say that they can’t find her original claim pack. They are going to send a new claim pack and want us to fill it in all over again. I objected because a new claim pack will not contain the same information that they used to make the original decision, and I don’t believe they have the remit either to use what a claimant produces in support of her own appeal to try to justify their original decision, or to ask a client to make what amounts to a new claim before they will produce appeal papers. I have already sent a fairly comprehensive appeal letter explaining why I think this client qualifies for the middle rate care component. If I help her to fill in a new claim pack, I will simply be putting the same information on the form. The DBU are not saying that they will allow the client’s appeal if we give them new information about her disability.

I put it to the DBU when they phoned that I think it would be more in the client’s interest if they write an account for the Tribunal Service explaining why they are unable to produce appeal papers, we submit more information about the client’s care needs, and in the absence of an adequate submission from the DBU we will win the appeal by default! (Well, if they lose original documents that’s their problem).

What would they do if they lost the original claim records for some-one with an Income Support/ JSA/ ESA/ Incapacity Benefit appeal, tell them to fill in a new claim form? I think not.

Any comments?