PIP, DLA and AA
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Pip tribunal

alisha22alisha22 Member Posts: 317 Pioneering
edited February 2018 in PIP, DLA and AA
Can someone help as I'm preparing to write a submission and fill in the sscs1 form but a little lost in how to go about doing so. Do I need a representative or can I take a family member. What do I put in the box where it says on what grounds am I doing this appeal. I have hospital appointments in March etc, but I need to submit my appeal before that. Say if I don't have any diagnosis yet, I have been referred to a community mental health team, I am seeing a urologist for my bladder and also I'm having a MR I scan for my knee which gives way and results in a fall. My doctor and my physio did support letters for the MR but came back 0 points as before. I'm worried the tribunal will say same. Please advise.

Replies

  • lainie1966lainie1966 Member Posts: 10 Connected
    I would advise yes get a representative. You need to supply medical evidence of your conditions and what aids you need for everyday life. Take pictures of your medications and send them in. You cant just say " im on this and im on that" you need to prove it
  • alisha22alisha22 Member Posts: 317 Pioneering
    Thank u lainie1966, I will send all relevant evidence,  does it matter if I don't have a representative.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    A representative is not essential.  I didn't have a representative and I won my appeal.  Yes, you can take a family member with you but the tribunal panel will expect you to answer their questions.

    Try and get some f2f advice locally, CAB or similar.  Scope Helpline might be able to advise about local advice centres.

    You only have to give an outline of your appeal case on the SSCS1 form which will be similar to your MR request letter.  You say why the DWP's decision letters were wrong and how your disabilities fit the relevant descriptors.  PIP is about how your conditions affect your daily living and mobility, not about the conditions themselves.  You write your appeal submission after you have received the DWP's bundle of evidence.

    Disability Rights UK site has an online guide to PIP appeals, and to all aspects of PIP.  And DR site sells a Handbook which has an informative guide to appeal hearings.

    Have you got a prescription list issued by your GP?
  • lainie1966lainie1966 Member Posts: 10 Connected
    As above it doesnt matter if you dont have a rep but i always advise people too. The DWP are now sending more and more "presenting officers" to tribunal appeals. they know the law re benefits and more importantly the wording
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited February 2018
    The DWP are asking first tier tribunals more often for statements of reasons, whether or not there was a DWP rep present, but it's rare for the DWP to find an error of law and so be able to proceed to an upper tier tribunal.

    A BenefitsTrainingCo solicitor told me that tribunals are only interested in what the appellant can and can't do which is what I found at my hearing.  The law wasn't even touched on, though there was no DWP rep present, its true.  The judge knows the law of course, probably better than a DWP rep would!
  • alisha22alisha22 Member Posts: 317 Pioneering
    Thank you guys so much, I was told also that they are not interested in diagnosis but what we can and can't do. I don't have a prescription list but have all medicines I take and can take pictures if needed. I asked dwp for my paperwork I sent to them and they said they don't have it anymore, can this be true.
  • alisha22alisha22 Member Posts: 317 Pioneering
    I'm just going to be myself at the tribunal and tell them exactly what I can and cannot do. I suffer from mental health also but I don't think that's relevant or is it?  I can't plan a journey or travel on my own due to severe panic attacks and distress, do I need to mention that.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Once you've sent the Tirbunal your SSCS1 form they will then send you a pack. Inside this pack will be a copy of everything you sent the DWP as evidence. This will include all eveidence, your orginal PIP2 form. You'll need to tell them exactly how your condition affects you daily and this includes following and planning a journey.

    There's plenty of guides on the internet about Trbunals. If you're still not sure then send your SSCS1 for to the Tribunal and then get further help from either CAB or another disability advice centre near you.

    Tribunal dates can take a year in some cases so don't expect a date anytime soon. I've heard the backlogs are extremely long in some areas. If you have extra evidence to send other that what you sent originally to DWP then don't worry about sending it with the SSCS1 form. As long as it's sent to arrive at least 1 week before the hearing then that's fine.

    Remember that the Tribunal can only take into consideration what you were like at the time of the assessment. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • alisha22alisha22 Member Posts: 317 Pioneering
    Thank you poppy, reassurance is always helpful and yes will seek as much advice as possible.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    You can get PIP for how mental health affects your daily living and mobility.  Look at the descriptors on the Disability Rights UK site, PIP section.  DR site also has draft diaries including one for mental health.  It shows what a typical day for a person with mental health issues might be.  You can send in a 7 day diary to the tribunal but this must be for 7 consecutive days before your assessment date (any 7 consecutive days up to about a month before the assessment date).
  • alisha22alisha22 Member Posts: 317 Pioneering
    Thanks matilda, yeah will check the sites out as some days are worse than others, slightest things trigger off anxiety etc. I just thought mental health don't exist and we are stigmatised for this.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Lots of people claim PIP for mental health reasons. PIP isan't about a diagnosis, it's how those condtions affect you daily. You just have to prove those which descriptors apply to you. The more evidence you have, the better.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • lainie1966lainie1966 Member Posts: 10 Connected
    You can get a prescription list from your gp. You can also ask your gp to print off say the last 3 years from your gp file. Thats just a matter of them hitting a button. It will show how often you are at your gp, a summary of discussion and medication prescribed. You are correct to be yourself. Dont over exaggerate and take someone with you. Even if you have a rep. That shows you dont travel alone. 
  • alisha22alisha22 Member Posts: 317 Pioneering
    Hi I'm a bit confused as what to send to the tribunal at this stage regarding pip. In the mandatory letter it says a written letter and obviously the copy of the mandatory notice. So where does the sscs1 form come into it. Please advise anyone. Thanks.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hello alisha22

    The SSCS1 form is the appeal form. Complete this form to lodge an appeal with the tribunal service.  Then attach a copy of the Mandatory Reconsideration decision letter to the SSCS1 form. 

    Technically an appeal can be in a letter format, but if all the relevant information is not in the appeal request then it will not be a valid appeal. As such, appeal forms have been issued to ensure all the relevant info. is provided and this is why it is always best to complete and send the SSCS1 form when appealing a DWP decision. 

    Maria



    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • alisha22alisha22 Member Posts: 317 Pioneering
    Thanks maria, I downloaded the sscs1 form from my library, do I need to do a written letter as well or will this form be enough. Sorry for silly questions but I just don't want anything to go wrong and cause delays.
  • alisha22alisha22 Member Posts: 317 Pioneering
    Can someone advise me as I'm about our fill a sscs1 appeal for pip and on section 5 it's about what grounds im appealing, well I've seen YouTube videos and different advices as what to put. Some say attack the dwp report, some say keep it simple at this stage. I'm confused so has anyone filled one of these forms and what is the best way to fill. 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Alisha, Disability Rights UK site has a guide to making PIP appeals.  I followed their guidance and won my appeal.
  • alisha22alisha22 Member Posts: 317 Pioneering
    Thank you matilda 
  • alisha22alisha22 Member Posts: 317 Pioneering
    Hi guys just wondering if you know when we fill  the sscs1 form and section 5 about on what grounds we appealing, do I also need to request a copy of the assessment report and any medical evidence sent to me or do they do that automatically.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi @alisha22

    As regards completing the grounds - I never put an additional letter in, I just write the reasons I think the person qualifies for the benefit - I would then normally do a submission later, after I'd had the chance to look through all the DWP's papers. The submission can be more detailed, and is a chance to raise any issues with the medical report etc, or any other matters that you want the Tribunal to be aware of.

    As regards the papers, no need to request these separately, the DWP should out all the evidence they have based their decision on within the bundle, which they will send once the Tribunal lets them know the appeal has been logged.

    Good luck with it - and ask as many questions as you like!!

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • alisha22alisha22 Member Posts: 317 Pioneering
    Thank you Mary, I've sent the sscs1 form and will wait for them to write that they have logged the appeal etc etc. Will I need in coming months another gp letter or can I use the one my gp wrote when I did the mandatory appeal, same for the physio. I thought the tribunal only interested in how it was at the mandatory stage period. It's all so confusing but I'm grateful to you all people on here who answer my questions. Thank you guys. Also in my area it's hard to get a representative so looks like I'm on me own, my 15 year old daughter who cares for me and my father helps too.
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