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Assistance with DWP forms
We are unclear as to whether we should complete the section on ESA50’s and other forms giving our details as advice workers completing forms for people. Or is this section just for appointees etc?
It’s an open question.
I believe there’s an “are you signing this form for someone else?” box which is a wholly different question and I always avoid that; that’s for an appointee or someone who intends to become one.
I have tended to put my details in the “completing for someone else” box where I am certain of my client’s circumstances and I believe it might add weight to their statements. I don’t think you need to sign it, just add details should you wish.
Where it’s some random off the street (when I dealt with randoms off the street) I just wrote down what they told me and invited them to sign in the appropriate box. It’s simply their statement to you after all.
I always put my details in the box for ‘has someone else completed this form’. I didn’t in my early days as a welf but became aware when appeal papers were received that this was perceived as ‘claimant had no difficulties completing IB50’ (as was). Putting in my details on the form saves me having to deal with this as an issue if representing at appeal.
If I add in information in the claimant’s absence (not usual) I would usually note this in the ‘Other Information’ box and explain why.
One of our local judges always asks the appellant whether they filled in the form and if not, was it done in their presence and did they read it through? I always give my details now.
Val
I’d tend to go with Tony’s approach above—DWP are likely to draw adverse conclusions about resposnes they belive were ‘schooled’ by a WRA. So long as I am satisfied that my client fully owns the information provided on the form I don’t feel it is the concern of anyone else who helped them to put it down (though I have dealt with DMs who recognise my handrwiting—and had clients who understandably feel that my presentation skills reflect badly on them—thank goodness for pdf forms!)
I would make it clear to a Tribunal whether or not I had had inovlvement in completing a form. (And have found that by and large Tribunals accept that forms completed without assistance are less likely to reliably reflect a client’s problems).
It depends on the nature of the condition.
If a client has mental health issues / learning difficulties etc then as a matter of course I always fill it in so the DWP cant assume capacity.
If its physical issues only then i generally dont see the need
Horses for courses i suppose
It depends - if the form is claiming difficulties with reading/writing because of a disability (visual impairment, difficulties using a pen) I tend to fill it in as it supports the claim whereas I always think that if you don’t the next suspicion is going to be ‘you were able to fill it in yourself so you can’t have had your writing hand amputated recently’.