PIP/ESA HELP
STANDUPOAP
Posts: 60 Member
Eligibility
If you disagree with a decision about benefits, tax credits or child maintenance you can ask for the decision to be looked at again - this is called ‘mandatory reconsideration’.
You can do this if any of the following apply:
- you think the office dealing with your claim has made an error or missed important evidence
- you disagree with the reasons for the decision
- you want to have the decision looked at again
How to ask for mandatory reconsideration
Contact the benefits office that gave you the decision. You can contact them:
- by phone
- by letter
- by filling in and returning a form
The contact details are on your decision letter.
You need to ask for mandatory reconsideration within one month of the date on your decision letter. If you’re writing, the letter or form must arrive by then.
Form
Challenge a decision made by the Department for Work and Pensions (DWP)
If you think a decision is wrong, you can use this form to ask DWP to look at it again. This is called 'mandatory reconsideration'.
Form SSCS1: Appeal a social security benefits decision (Notice of appeal) Use this form to appeal against a decision made by the Department for Work and Pensions about social security benefits. You can appeal a Personal Independence Payment (PIP) or Employment Support Allowance (ESA) decision online.28 Mar 2018
If the DWP didn’t change their decision when you asked them to look at it again, you can appeal to an independent panel, called a tribunal.
The tribunal looks at the evidence from both sides, then makes a final decision. The tribunal is part of the court system - it’s not part of the DWP.
Before you can appeal to a tribunal, you’ll need to ask the Department of Work and Pensions (DWP) to look at the decision again. This is called mandatory reconsideration.
If the DWP didn’t change their decision when you asked them to look at it again, you can appeal to an independent panel, called a tribunal.
The tribunal looks at the evidence from both sides, then makes a final decision. The tribunal is part of the court system - it’s not part of the DWP.
When you can appeal to a tribunal
You can appeal any decision made about your PIP claim. Some of the most common reasons are:
- you didn’t get PIP
- you got a lower level of PIP than you expected
- you think your PIP award should last for longer
To be allowed to appeal to a tribunal, you’ll need:
- your letter from the DWP with the words ‘Mandatory Reconsideration Notice’ at the top - if you’ve lost it, ask them for a new one
- to send your appeal form in within one month of the date shown on the mandatory reconsideration notice
Worth knowing
It can take a long time to get to a tribunal hearing - how long it takes will vary depending on where you live.
The process can be draining but it’s worth remembering that more than half of people who appeal their PIP decision win at a tribunal.
If you feel the decision is wrong, don’t be put off appealing.
Getting help with your appeal
You can get help with your appeal from your local Citizens Advice in England and Wales or in Scotland, or a local disability support agency. You can find details of local disability support agencies on the Scope website if you’re in England and Wales or Disability Information Scotland.
You might be able to get someone like an adviser or a solicitor to act as your representative during the appeal, but they’re not always available. Your local Citizens Advice or law centre might help you find one, but if there are costs you can’t get legal aid to cover them if you live in England or Wales. You might be able to get help with costs in Scotland. A representative can help you with the paperwork and might speak on your behalf.
Don’t worry if you don’t have a representative - the tribunal board is most interested in hearing how your condition affects you and in your own words. Support from a friend or family member can really help, and you can do it without a professional.
Complete the appeal form
Fill in an appeal form, called SSCS1. You can get a copy of SSCS1 and guidance notes from GOV.UK. Make sure you complete the whole appeal form otherwise your appeal could be rejected.
Explain why you’re appealing
The most important part of the form is Section 5: Grounds for appeal. In this box you need to give the specific reasons why you disagree with the decision.
Use your decision letter, statement of reasons and medical assessment report to note each of the statements you disagree with and why. Give facts, examples and medical evidence (if you have any) to support what you’re saying.
Send the form
Send your documents to HM Courts and Tribunals Service, not to the DWP. The address is on the form. You should include the following:
- the completed SSCS1 form
- a copy of your Mandatory Reconsideration Notice
- any further evidence you have, although you can send this later
Post your appeal documents by recorded delivery if you can. Otherwise go to your local Post Office to post them and ask for proof of postage. This can help you later if the tribunal service says you didn’t meet the deadline or if the letter gets lost in the post.
HM Courts and Tribunals Service will check the form and then ask the DWP for their response within another 28 days.
HM Courts and Tribunals Service will send you:
- a copy of the DWP’s response
- information about what happens next
- What to include with this form.
You MUST include a copy of the MANDATORY RECONSIDERATION NOTICE which shows the decision you are appealing against . You do not need to include evidence / information you have sent to DWP as they will send it to us as part of their response
So if I sent a copy of my defence to the DWP it should have been added to the DWP bundle as the HM Courts says they will above. and when the DWP don't, then the HM Courts should have picked up this error. The letter from my MP to the Court Clerk states that the SSCS1 form should have been included. This SSCS1 form is vital evidence/information and the DWP should be aware of its existence. How many others OAPs, Disabled, ESA, all filled this form, how many went missing, left out as was in my case? The tribunal is impartial and independent of government.?
Replies
This Question is for all that ever filled in SSCS1 form PIP/ESA The Courts can't change the law, they say this.? I've been to CAB, and Community Care and have asked the same Question. no one knows why, I'VE asked here no one knows, I asked 25 MPs and they don't know.
Scope care about its members that.s evident, Can't you understand what his will do if they agree that the MR / SSCS1 form is not fit for purpose, it makes the Courts seem so not impartial?
If what i'm saying is wrong tell me, put me right. Don't send me away to see someone. poppy,PLEASE.
We hope to point you in the right direction which is what Poppy has done here. You can search for local services on the Advicelocal page, and I really hope you find something that works for you.
OK my point is this the MP asks Clerk of Courts if the SSCS1 form should have been included, and he says yes. But the form says no need to send sscs1 form to DWP.
Now this form if you ever filled one in? is all about your reasons why you dispute the DWP reasons for MR 0 points etc, Very important form for your defence? If they say in writing to my MP it has to be included, then all those previous claims it was left out might have been a different result at the tribunal?
AND like you all, i'm just as confused?
The form says one thing and the Clerk of the Courts tells my MP another?
As I have already explained, you should not have sent a copy of the SSCS1 to the DWP, and then expect the DWP to submit your SSCS1 to the tribunal.
The DWP did not include the SSCS1 because they knew you had already sent a copy to the tribunal.
I suppose the question should be, why do you think HM Courts needs 2 copies of the same appeal?
I try again here.
the courts say one thing the DWP say another?
the Courts say the DWP will send all information they received this is not true in my wife's case and probably thousands more.
The Courts are impartial and cannot break the law.
Does the Statement contradict this?
I think it doe's because what has happened in my wife's case.
And if so I saying not fair, not honest, not correct,
DWP,SCOPE,COURTS, MPs. Should all say same, everything I've tried to say here is for all persons that have filled in this esa/pip form SSCS1
All those that lost their benefit's because of all here written.
Any how I know there's many watching this thread and all I say and I speak the truth. Can't lie born again Christian.
And if what i'm saying, is wrong let someone step up here put me right show me where this doesn't matter. I won't be offended, or jump down you neck.
You don't understand all this is because i'm not very good at explaining myself, i'm thick as a plank as my mother used to say God Bless Her.
Chat to you all later, STANDUPOAP
0k 4 paragraphs,
(1) (2) (3) (4) -----yes and also to me. Yes as The clerk of the Court says in letter to my READING MP Dated 21st JAN QUOTE:---"I NOTE FROM Mr XXXXXXXXX's email that he is concerned that the SSCS1 has not been included. I'VE CHECKED THE APPEAL PAPERS and can confirm we have the SCCS1 FORM IN HER APPEAL FILE. But the form WAS NOT PART of the D.w.p submission, WHEN IT SHOULD BE". end of QUOTE.
So yes I am still saying this wouldn't you two, after Clerk of Courts says so? or is he wrong? and your right?
and you poppy? Scope?
What does this mean? the courts say if the SSCS1 form should be submitted? to claimants in the DWP bundle? Big part of evidence/information left out? How much more been left out from DWP bundle? where Courts fail to pick up?
And you two say still saying SAME AS if it has no consequence?
Of coarse it has Consequence its a defence paper sent to DWP that was left out, and the Courts failed to notice.
That's my point. and it say's the same for all SSCS1 forms ever sent in.
Content: the LORD's step in and say MR/SSCS1 form is not fit for purpose and breaks the law by stating on form the DWP will do something when they don't have control of this Statement.
Issue: Yadnad Go back to sleep. lol.
Speachless ? poppy? Now that's a First. We all shocked with that one.
Lastly you guys on here are the cog of this site and the mods are the spindle we all rely on.
Please
Don't let my remark's be taken personally or directly to any one person. Mate I think this free speech site for over 14 million Disabled Can't be equalled. Well done Scope and its Members.
The DWP is also technically correct because it is not up to them to submit SSCS1 forms to tribunal.
The bottom line is, this makes no difference to Standupoaps case because the tribunal has a copy of his SSCS1.
So I asked him why he thinks the tribunal needs 2 copies of the same appeal? he didn't answer that question because he obviously knows it makes no difference to his case and he is really arguing for the sake of argument.
Take care to present your views tactfully and remember that humour may be misinterpreted.
You can find the guidelines here.
Senior online community officer
This is for the clarity thats definitely not showing any PIP/ESA SSCS1 form fillers. A letter from my MP who asks the court if the sscs1 form should have been included in my bundle as the courts say it would on the form,
Sent in to Parliament to the Lords and MPs asking these same questions. Think the more on here that do the same to their MPs, we might get someything changed?
Did you send the DWP a copy of your sscs1 form? As the Clerk of the courts tells my MP it should have been included?
Do you think the SSCS1 form should be included in your bundle from dwp as its a part of your submission?
The MR/SSCS1 form says you will not need to send in to DWP as they will send all evidence/information to you in a bundle. Please let me know, it takes about 28 days from when you sent in the MR/SSCS1 form.
Interesting how this turns out, if you never sent a Copy of SSCS1 form to DWP and its left out of your Bundle. Will the Clerk of the Courts reconise this? as my wife's was and say it should have been? Will he then inform the DWP that they should have included this in your bundle?
Either way good luck mate and keep me informed as your sscs1 form got 2 extra pages I would have thought the DWP would include these in your bundle as its a part of Evidence/information that the Clerk of the Courts says must be included and the MR/SSCS1 paper version says no need> interesting.
Pwew what have you done? how did this happen.
I hope this helps to address your concerns, and if you have any further questions, please feel free to email us at [email protected] where we can discuss this further.
block out names if you wish but this confirms all Iv'e been saying, theres a conflict here and should not millions want an answer? Millions that ALL the pip/esa claimants were not sent there SSCS1 response by the DWP as the Clerks says should have been?
Sent in to Parliament to the Lords and MPs asking these same questions. Think the more on here that do the same to their MPs, we might get someything changed?
Doe's poppy say the SSCS1 form should not be included when the Clerk says it should?