Want to do a PIP appeal after MR - some questions

BlueTurtle

Hello,

I recently applied for PIP for the first time (should have had it for years but didn't know it existed). They awarded me Standard Daily Living. However, I believe the correct amount is Enhanced Daily Living plus Standard Mobility (maybe even Enhanced Mobility, but I don't feel confident about that so I'm not pushing my luck).

The decision letter that I got was just a messy wall of text with no formatting, making it very hard to read and difficult to tell what they were talking about. The PA4 form is also messy but a bit more readable. It seems the decision letter just rubber-stamped the PA4 scoring. The PA4 has multiple contradictions with my evidence and completely discounts some of my conditions as "not in scope" or "not considered" with no reasoning.

I submitted a very detailed MR letter (8 pages) going through each disputed activity and explaining why I think they got it wrong and what the correct descriptors should be, pointing to my evidence accordingly. After waiting a month, they sent me an MR Notice just confirming the original decision. Again, it was just a messy wall of text with no formatting, but this time there were literally 0 comments unique to my specific case. The "explanation" was just general information about PIP followed by "we agree with the original decision". It seems the MR Notice just rubber-stamped the original decision without reviewing the facts. There were no rebuttals or explanations regarding any of the points I raised.

I feel that my evidence is very strong, especially for the "eating and drinking" descriptor, where I feel I should have scored maximum points but instead got zero. I'm not asking for more than I should be entitled to - I'm just trying to get it accurate according to the rules. (For one of the activities, I'm only asking for 2 points as I feel that's the correct one.)

So now I want to try an appeal, but I have some questions, and I'd really appreciate some answers.

1. Is it better to apply online, or by post?
   
2. When beginning the appeal, which approach below is correct?
   A) Is it okay to submit just a very brief, general outline for the appeal, and follow it up later with a detailed written submission after receiving the DWP bundle?
   B) Or should I instead write my full submission immediately and submit it right away with the SSCS1 form?
   I've searched and asked around and have been given totally conflicting answers so I'm really confused. Some say approach A is right as the delayed submission lets me write a direct rebuttal to the DWP's explanations, and lets me reference original evidence from the DWP bundle. Some say approach B is right as the Tribunal might dismiss the appeal entirely if they don't have sufficient grounds from the start, and also they might decide on the case right away before I have a chance to send my submission, so if I wait I might miss my chance to explain myself.
   
3. Should I re-submit all the original evidence, or only new evidence?
   Again, I've had conflicting answers about this…
   Some say that the DWP bundle will probably include all the original stuff, and the Tribunal will be annoyed/surprised if I re-send it, and it will complicate their process. I don't want to annoy them!
   But then others say that I can't rely on the DWP to send it, and that I have to provide all evidence I'm relying on myself. This seems to be supported by the Government website for appealing PIP, where it says "If you do not attend, your appeal will be decided on your appeal form and any supporting evidence you provide" (i.e. nothing about DWP evidence, just evidence YOU provide).
   
4. For evidence that I do include, if I'm applying online, should I upload each piece of evidence separately, or should I bundle it all into a single document PDF along with my written submission as part of my own "appellant bundle"?
   Again, conflicting answers!
   Some say I should put it all into one document, so I can reference my own evidence by page number in my own appellant bundle, and so I can set up hyperlinks and bookmarks to make the Tribunal's job easier when reading my document.
   Others say that the Tribunal combines everything into their own document anyway, and so any page references / hyperlinks I make will be lost anyway. And if I merge different documents into one PDF then they might not realise there are multiple documents.
   
5. I'm going to be asking for a paper hearing. I know, it's not recommended, but it's what I'm going with. I feel my evidence is sufficiently strong, and intend to write a very detailed submission to make up for my not being there. Do you have any general advice or suggestions for maximising my chances with a paper hearing?

Thanks in advance. So hard to find a clear answer on the right way to do things.

OverlyAnxious

Hi,

I don't believe there is only one 'right' way to do this. That would explain why we there are so many different answers when searching.

If you're set on a paper hearing then I would recommend applying online and providing your full submission at that point so there's no chance for anything to get lost or missed at a later date. The reason for this is that most people will have the chance to add any missed bits in person or over the phone when the tribunal happens, but you won't have that option at a paper hearing.

I wouldn't recommend sending the same evidence you've already sent, the tribunal will get a bundle from the DWP with all existing evidence anyway.

I don't know whether the tribunal members all have access a tablet or similar to see your evidence nowadays. It is more likely they just get a printed copy, meaning hyperlinks would not be accessible to them. Hopefully someone who has attended a tribunal recently will be able to confirm that.

Trevor_PIP

@BlueTurtle A MR rarely changes the original decision, so try not to upset yourself over the result. The DWP do keep all evidence previously sent in. The Tribunal service and yourself will receive a document bundle from the DWP which will include all your evidence.