PIP/ESA HELP

STANDUPOAP

The tribunal is impartial and independent of government. The tribunal will listen to both sides before making a decision.

Before you can appeal to the tribunal you must  ask for the decision about your benefits to be looked at again  - this is called ‘mandatory reconsideration’.

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.?
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poppy123456

Hi,

I really think you should be talking to an advice centre near you. This link will help you see what's in your area.

https://advicelocal.uk/

STANDUPOAP

Will they be able to tell us all what to do when the Courts tell not to send information / evidence  as the DWP will send all we sent them? And this statement is untrue. as the Clerk of the Courts answered in a letter from my MP.
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.

Pippa_Alumni

Hi @STANDUPOAP, I appreciate that it's a frustrating situation however as we've said before, the forum is not intended to be a source of benefits advice or a substitute for professional aid.

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.

poppy123456

My thoughts exactly because i'm not understanding this at all and my knowledge is fairly good with the benefit system but i'm speechless with this one.

Yadnad

I gave up days ago trying to decipher what the issue was

STANDUPOAP

ok all does this help.

Yea I'm new here, Hi everyone, my wife was asked to go for a PIP assessment after 10 years of being on higher disability benefit, The lady at the assessment centre was not from this country, her English was straining to understand but came over as concerning to my wife's replies and treated her ok, asked many questions, also asked her to walk up the aisle. When they sent back  their report she scored NO POINTS on her Disability appeal. 10 YEARS DISABLED, her leg never got any better, bless her, now she not disabled? What can I say This assessment officer  never met or know anything other that the forms my wife filled in? Can that be possible? Sent in appeal and mandatory request with SSCS1 form, as you do, as we all did. SCOPE tells you where you can get The SSCS1 form.  OLD age Pensioners can download it off the internet, (yea sure they all know how to do this) That saves the DWP or Courts  a few bob. SCOPE says nothing about those that have no computer nor does DWP/Courts. But not a problem for SCOPE says you can get SSCS1 form from Local Library, Citizen ADVICE BUREAU, CARE COMMUNTTI, YEA I  phoned up 34 libraries none had the forms 22 CABs STILL NO FORMs tried CARE Community they never had the form either. In the end I waited half an hour in Citizen advice b and they downloaded the document you ALL MUST HAVE. BUT and there's always a BUT. Nobody at the CAB was available for 5 weeks to help me fill it in? So not going to give in yet, gets me self up to this Care Community place and Bingo! They got an elderly lady who knows all about how to help fill in this VITAL SSCS1 form. Sorted,so go and get 4 copies of this form. Send one to DWP one to hcc Courts, sent by registered mail all with in time. 28 days. Then about 6 weeks later we get a letter from the Courts saying we have to go to Court but it might be some time, as they are behind. Then we get a letter from DWP 100 page letter giving all the details, all letters doctors reports assessment centres results. Even from people my wife never met, twice. Bundle the DWP call it? ANYHOW IF YOU HAVENT FALLEN ASLEEP YET AND YOUR GETTING BORED MAKE A CUP OF TEA GOT SOMETHING TO TELL YOU, MIGHT JUST? MIGHT GET YOU ALL YOUR PIP BACK MIGHT HAVE GOOD CAUSE FOR WHAT HAPPENED NEXT 

I'M reading the 100 page report (BUNDLE) and I cant find the SSCS1 form in our defence, I sent a copy to DWP and a copy to the Courts, Yet both never realised or noticed that it was missing. Now as SCOPE and The courts and the SSCS1 tell YOU./ ME/my wife that there's no need to bring anything to the courts because the DWP WILL SEND ALL TO YOU. so the Courts trust the DWP to do this? WHAT say that again. the Courts state on the sscs1 form the DWP will do something so you don't have to? are they working together?  SCOPE say the same? So I get onto our Reading MP  no other than  DWP MAIN MAN, asks him about best way forward about this? and asked him not to do anything without my say so. BANG, BANG what does he do, He sends the Courts a letter asking why this SSCS1 form is not in the 100 page DWP defence script. What? He went behind my back and asked if this form should have been submitted in this DWP report. Got a letter from the Clerk of the Courts yes it should have been included. And then they went and informed the DWP. So if they left out this very important SSCS1 form of ours what did the DWP leave out of YOUR PIP claim? The Court could be found unfit due to Stating DWP will send all correspondence  about your PIP claim. When they clearly didn't in my wife's case. So yes what will be the next move by SCOPE, DWP and COURTS, now after this statement error? Should imagine they would have to pay all those that lost there PIP Claims as this Statement from the Courts on DWP behalf doesn't hold up. Haven't as yet got anything from DWP. But I expect there's people on this site (SCOPE) that work for DWP who will come up with something to wriggle their way out of this one, wait and see. 

Can you advise as to what I should do as MP doe's what he thinks best, without asking me first.Thank you for reply. This email below was sent to him before he sent to The Courts as dates will prove,                                                  Dear XXXX (my MP)

               The 100 page document was sent to me from DWP. but as I said they failed to add the SSCS1 form we had filled in at Cummuni Care. Also a question for you. would it be better for my wife and I to wait till we get to Court and bring these complaints at Court rather than tell DWP and the Courts that the documents were not sent to us by DWP as the Court said they would be? How many other people have been told this? everyone that filled the SSCS1 form.

My MP states in a email to me: his staff say I never asked would it be best to wait until we have spoken or decided best way to proceed and Email above sent 14th Jan neither asks if it would be best to wait?                 So No don't know who's best to ask? One did say, The Lord's will know what's best? Any help, good or bad just need to know, if MP/ Clerk of Courts are out of order with their response? #
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?

Benistmonk

Hi Standupoap, I see you are still saying the DWP should have included your SSCS1 with the bundle they sent to the tribunal.

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?

poppy123456

Totally agree with you @Benistmonk

STANDUPOAP

I'm far from intelligent, it's me, I can't explain what I mean, never could. hence the problem here, 
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

STANDUPOAP

poppy/benismark
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.

STANDUPOAP

I will go to Court and say I sent in SSCS1 form to DWP as part of her defence and expected it to be in her bundle as Courts say it would.  As COURT CONFIRMS IT SHOULD. And now I'm saying they could leave out what ever they want because of what happened to me, and probably thousands more.

STANDUPOAP

what will make me content one asks, whats the issue another asks, and speechless says another. 
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. 

poppy123456

STANDUPOAP said:

what will make me content one asks, whats the issue another asks, and speechless says another. 
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. 

I find your comments very insulting, i'm sorry.

You don't need to send the SSCS1 form to DWP, you send it to HMCTS. This means that DWP won't include the form in the bundle because you don't need to send it, you're not requesting the Tribunal from DWP, it's requested to HMCTS.

I have reported your comments.

CockneyRebel

The SSCS1 contains no evidence it is a request to the tribunal to hear your case. As your request has been accepted then the SSCS1 has done what it was intended to do. Only evidence relevent to your case is submitted to the tribunal and as the SSCS1 does not contain any evidence there is no need for it to be included

Benistmonk

I understand what Standupoap is saying is technically correct, even though he sent the DWP a copy of his SSCS1 in error, it should still be included in the DWP response to tribunal. Even though the tribunal already has the exact same copy of the SSCS1 that he sent them, that should make no difference.

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. 

Benistmonk

My SSCS1 contains evidence in statement form, and where it says (if necessary, continue on a separate sheet) I have added 2 more pages of evidence and included 60 pages of medical information. 

Sam_Alumni

@STANDUPOAPWe want the community to be a safe and supportive place. Please make sure your messages respect other users’ views and suggestions, even if you don’t agree with them.

Take care to present your views tactfully and remember that humour may be misinterpreted.

You can find the guidelines here.

STANDUPOAP

As my comments are getting moderated it gives me a chance to show you things that I can't cross out on the letter but you could and print it in my reply on here letting those that don't understand whats going on here and how the DWP/ COURTS  don't seem to agree with whats right or not and how confusing its made me on whats the law? 
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,

[attachment removed by moderator]

 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? 

STANDUPOAP

And tell me Benistmonk, Have you got back your bundle from DWP yet? And was the SSCS1 form included?
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.

STANDUPOAP

thank you for taking down jpeg image I asked you to take out names and then repost it not to send everyone into my email account 
Pwew what have you done? how did this happen.