Claims, MR's and Appeals

CockneyRebel · August 2017

When making a claim you should submit all of your relevant evidence with your completed PIP2 that you can obtain within the time limit. If you need more time you can ask for and get an extension.
With the difficulty of getting to see a GP these days, it is not always possible to get an appointment in time and even if you can many GP's no longer write supporting letters.
Some believe that the DWP will contact them. This rarely happens and the form the GP receives is not generally helpfull to you.
Some GP's will write a letter for you but will make a charge. If you decide to pay for a letter, make sure that it covers the points you need to make, not about your medical conditions but how they affect the things you can do, details of your medical, physical or mental condition will not make for an award.
If you are asked to attend a f2f at a centre but are unable to due to your condition, you will need a letter from your GP stating that you cannot attend and need a home visit. It must be specific.
Following your f2f you should request a copy of the assessment report from the DWP. You will need this if you have to appeal the decision but it is also useful to keep for your records for when you are reassessed. You Should receive a decision letter within 2-4 weeks but some take longer.

If you subsequently need to appeal the decision, the first stage is to request an MR. You have 28 days from the date of the decision letter, not from when you receive the letter.
You should ring and follow up with a letter requesting an MR. If possible wait for the assessment report but do not miss the deadline, you can state that you will be supplying further evidence which should allow you extra time to submit anything else, provided that you have made the request in time.
If you have received the HCP report, you should refer to this and concentrate on the areas that you can prove that you meet the descriptor /points that you need
Often the report will contain inaccuracies, misrepresentations, opinions and assumptions. you need to provide facts to win your claim, you cannot argue against the HCP's opinion it is not a fact. Your opinion might be that the HCP is an idiot but that is not a fact..
This is the time to submit any further evidence that you were unable to obtain when you submitted your claim.
If your condition varies and you haven't already done so you should keep a diary to submit at this time.
The sucess rate at Mandatory Reconsideration is not good. Most of the time the decision is returned with no change but be aware your whole award will be looked at and it is possible to lose points and your award.

The next stage if still unsucessful is to request that an independant tribunal looks at all the evidence.
To do this you will need to submit an SSCS1 form which can be down loaded.
At this stage you do not have to submit a detailed request, just general reasons why you disagree with the decision.
The SSCS1 form gives you the option of attending the hearing or having it held on just the paper evidence. Which ever you decide you do have the option to change your mind.
If you attend the succes rate is better but overall 65% of appeals to tribunal are sucessful.
The judge, leading the panel, will notify you if your current award is in danger, giving you the option to withdraw your appeal and keep the award you have.
The clerk of the court will write to you letting you know that your appeal has been accepted.
The DWP then have 28 days to prepare and submit their case. You will receive a copy of this, known as the bundle, which should contain all the evidence. You should check that it contains all the evidence that you have sent in.
Using the bundle you should then finish preparing your case, making reference to the relevant evidence that supports your claim.
If you have any further evidence you should include it now and make reference to it.
If you have opted for an Oral hearing you will be notified of the date, but you could be waiting sometime.
You can submit more evidence up to 7 days before the hearing.
If you have opted for a paper based hearing you will not be notified of the date as these are fitted in where possible.

You have now done all you can so try and wait patiently. If you are waiting a long time for a date you can ring the court for an indication of waiting times.

Finally, If you have no award in payment, there is no waiting time to submit a new claim although this can become confused.