I'd like to dispute the award length only. How long do I have to do this?

Girl_No1

@ncor

Sorry, meant to include the link to online appeal process!  
https://www.appeal-benefit-decision.service.gov.uk/benefit-type

ncor

Thanks very much, very helpful.

Just found my decision letter, it’s says if I want to appeal to tribunal that I have to send a copy of the current decision (DWP sent me 2 copies).

Did you also have to do this? If so, how did you manage to do it online?

calcotti

Username_removed said:

Note that you do not need to send a copy of your latest decision in this instance. Ordinarily when you appeal you need to send evidence of the MR. 

Even when applicable, they don't seem to require copies of the MRN be sent to HMCTS if the appeal is lodged online.

ncor

Okay going by this information I will do a post appeal.

I nearly have the submission letter finished, just to check, will I ask for a specific award length? Or let the tribunal do that.

I have written it out exactly as above in earlier comments.

 Thanks.

onebigvoice

ncor said:

Thanks, glad you got yours extended.

I spoke to welfare rights today regarding my award length.

They told me that as I was pregnant at the time of my assessment, this was the main factor in determining my award length.

As I had to lower medication whilst pregnant, which nearly tipped me over the edge. PIP said that I could get back on stronger medication after pregnancy, therefore they are assuming I will get better with treatment, even though I have been receiving treatment for nearly 10 years with no detrimental effect.

Welfare rights informed me that if I wanted to go to tribunal based on the award length, that they wouldn’t be able to represent me and I would have to go it alone. They seem to think that if I appeal the award length only, that my whole award might be looked at again. Welfare rights knew about the new law about appealing award length only but they said this is not guaranteed and that the DWP may look at the whole award again.

They know that I have suffered with my conditions for nearly 10 years but they don’t seem confident that the appeal on the award length will be successful. I still don’t understand what piece of evidence, other than that I was pregnant at the time of assessment, to determine my award length.

This has knocked my confidence quite a lot and not sure what to do so would appreciate any advice.

Hi ncor,
  Being new to the forum I have read your post and the replys you have received, and to be quite honest what I would be asking if I wanted to challange the Length of the award is asking for a Statement of Reason.
  The statement of reason is asking the Decisio Maker to tell you how s/he arrived at the decision to " change the rate of Benefit " to Enhanced rate for both?  In asking for anoter Mandatory Reconsideration, in recent cases I have had, they have tried to be funny and WILL look at the whole claim again, and will make a point of mentioning it to you to frighten you into excepting in your case the 2 years and 6 months for both.
  This in its self works in your favour since once the 2 years and a few months have lapsed unless anythin has changed in your treatment and parts of you are now fixed different than before when refiling out forms just write any changes in medication or treatment that has fixed these " things " otherwise there is no change for two reasons one the Pandemic has stopped all treatment and face to face consultations both from your side and theirs, and two Pergnancy is not a disability?  But the reduction in medication while pregnant means that now you have had the baby, and hope all went well, you can now get back on the strength of medication you had before you were pregnant in order to function.
  The Statement of reason will clarify this and should also show the claim before it was changed, what was on offer in the change, by way of financial redress ( Back payments ) and start and finish dates of the award.
  Can you seriously see anyone taking your benefits off you after one of their own has just awarded a change?
  You are not challanging the whole award its just you need to understand the reasons the decision maker used to change the award.
  Having said all that, 2 years and 6 months is a standard award of length of award, just while its still fresh in everyones mind ( especialy their's ) chec everything on the award notice.  They are normally 11 pages long but when actual wording accounts for only 2 pages and keep this safe.  They do have a habit of assessing up to a year early when the law states 2 months before the end, using the excuse that they are reviewing you early as we want to make sure you are on the right rates, then just ask again for another statement of reason when that comes.

ncor

Thanks for the input but I’m sure you can only request a statement of reasons if you have been to tribunal?

I already have the decision letter and reasons from most recent revised decision.

All I want to do is appeal the award length and not open a can of worms by asking them to look at my award again.

I have basically finished the appeal submission letter, but just checking should I mention the words ‘ongoing/10 year award? Bit confused whether or not to include that.

Any advice would be great.

 Thanks.

calcotti

ncor said:

Thanks for the input but I’m sure you can only request a statement of reasons if you have been to tribunal?

That is correct. 

ncor said: I have basically finished the appeal submission letter, but just checking should I mention the words ‘ongoing/10 year award? 

You can certainly request an ongoing award (no need to mention 10 years in my opinion).

onebigvoice

No, The chances of getting a 10 year ongoing claim are near impossible since unless you can prive a serious breach in the law or the way in which your benefits have been administered they will only give a 2year and 6 month review.
  My recent award has been open ended for administration purposes a 2029 date given, but after a 7 year battle and even after 6 court cases and hundreds of pages of law quotes and medical information being miss used and fraud.
  Not knowing your case, and am willing to help on any way I can, to demand anything because you believe you need more is not an option.  You have to start and build a case against them, this starts with a statement of reason, and as already stated it really should have been done within the month of the reeipt of the decision but as stated a 13 month time limit rule is in place which then means you have to start again.
  The 2 years and 6 months stil stand but you then need to show Just Cause as t why you want the review now.
  Personally speaking, and again the choice is yours as I never give up a fight, except the 2 years and 6 months and ask for a STATEMENT OF REASON as to how they arrived at the decision since I can also bet that they paid it out even though you signed nothing to except the changes in the certificate?
  Sorry for the late reply as I have just picked up my E Mails.
  The comments on pushing for 10 years is what you should be doing now for this award...  Get the paperwork that supports your claim in place now, your side and theirs, making sure that all support letters and prescriptions are kept up to date, ie  Any treatment that you have had since the award, prescription changes, operations all logged by buying a cheap daily diary and just write before going to bed what happened in the day, again, i.e.  missed my prescription pick up had to get a new one from the doctors, arthritus playing up waking is getting worse, headaches still bad tablets not touching any pain see doctor on next review or monthly bloods to review.  Your diary in nine months time wil be invaluable, also comments like rang PIP's at 10.30 14/08/2021 and asked for a statement of reason the operative known as Julie said she coul put one in over the phone to the back office.  ( If n reply after  a week then ring and say I asked for a Statement of reason and it has not arrived yet can I have an up date?
  Let me know if yo have got or aked for the above yet as I don't know your case so am making general comments that should apply to all. 

onebigvoice

  I take on board what you say, but you have not stated if yo except the assessment report as it is now?  Since I see no ne challanging the fact that PIP's and DWP have " approved assessor " yet their reports do not stand up in court?  Why is that?

chiarieds

  I take on board what you say, but you have not stated if yo except the assessment report as it is now?  Since I see no ne challanging the fact that PIP's and DWP have " approved assessor " yet their reports do not stand up in court?  Why is that?

I'm sure you mean well @onebigvoice - yet I don't understand the above comment. I'm very unsure that an assessor's report has any relevance whatsoever at this stage. The OP, with the help of Mike & others, is contesting the award length alone, & I hope will remain on track in listening to them. Please may I ask that you read through posts in their entirety before commenting further & ensure the accuracy of your comments as per our house rules: https://www.scope.org.uk/community-house-rules/, thank you.

Tori_Scope

Thread closed pending review.

Edit: thread reopened so OP can ask further questions or clarify any points if needed. 

Tori_Scope

Hi @onebigvoice,

Please ensure that all information you share on the community is accurate, and backed up by links to reputable sources. As our house rules state:

Keep it safe

Please be careful about sharing information.

• Always check that information is correct and appropriate.

• Do not present opinions as facts.

• Share reputable sources of information.

There's never any pressure on any member to share advice or information if you don't feel as though you have enough details about someone's case to answer their questions or offer advice. 

If you feel as though another member has offered inaccurate information or advice, please use the report function so that we can review this.

@ncor,

I appreciate that there's quite a lot of information on this thread. Are you clear on what you need to do? I've reopened this thread so that you can ask any further questions or clarify any points if needed. Please remember, as always, that you can find expert advice near you through searching on advicelocal.uk.

ncor

Thanks everyone for the input.

Hi @Tori_Scope, thank you. Yes the appeal submission letter has been completed and posted today so just a waiting game now.

Will I be kept updated on the progress of the appeal even though I’ve done it by paper?

ncor

Okay thank you. Will keep you all updated.

ncor

Sorry I’ve created this thread to get some much needed advice which I have got and trust. I would appreciate if you could stop adding these very confusing comments to the thread as it’s sending my anxiety through the roof and putting my mind all over the place. I know you mean well and I appreciate that. Thanks.

onebigvoice

I will show supporting evidence in a post " Support evidence " in another post. 

ncor

Received letter from HMCTS today to say the appeal has been lodged and DWP have until 24th September to reply. A cover note also to send extra evidence needed, is it worth sending anything else? I do have a few fresh pieces of evidence from mental health team etc.

They also asked me did I want to use the same representative as for my previous appeal, if so to let HMCTS know and my representative.

Does anybody think a representative is needed?

 Thanks.

ncor

Okay just had to double check as my anxiety kicking in overtime. Thanks again for the reassurance.

onebigvoice

ncor, although I am new to this forum, never be afraid to ask a question about what is bothering you, since most trigger points for stress start with over thinking the situation.
  It becomes even worse when you have no one to ask or get advice from that YOU trust.  As with this forum advice is exactly that advice.  Always the final word is yours, and you decide.  Not everyone ca take in the laws and Acts that you need to comply with to get your rights, but that's O K.  If you still need to ask about anything that is stressing you out then do so.....  Admin are here to give advice and to take the stress away from you.
  This is why this site works well... 
 The only stupid question, is a question not asked.  and I have been teaching for many years.  

onebigvoice

Both, I taught A level Maths, and Metaligy, and lectured in Health and Safety, write Risk assessments and Method Statements, Fire Regulations, Design Engineering Drawing, A level Engineering Maths and Science, Work shop practice up to MECP level 4 and Technitions 1, 2 and 3. also a Union Shop steward ( retired but still active. ) to name some.
  They are only bits of paper that say I have been told something and can repeat it....
  The real skill is knowing what to do with them once you have them..........