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PIP appeal help

algy194
algy194 Community member Posts: 25 Listener
edited December 2017 in PIP, DLA, and AA
Hi all, Been reading through discussions, I have found a great insight into PIP and how to try and understand what I can not understand.  I am at the stage after the Mandatory Reconsideation and need to understand more like so many of us.  As for me I just can't grasp it
     Thank you algy 

Comments

  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,671 Disability Gamechanger
    Hi @algy194 welcome to the community, we have some great videos that may be able to help you.

    https://www.youtube.com/watch?v=67tDSlsityY

    https://www.youtube.com/watch?v=tIHjSpNNbQo


    Scope
    Senior online community officer
  • algy194
    algy194 Community member Posts: 25 Listener
    Very Good videos, I have evidence to prove all my conditions, Which was sent with PIP2 Form    ..thing  is Atos didn't read it and DWP made a decision on there misleading report and stuck to it in the Mandatory Reconsideation, How would I know if my evidence is any good for the Tribunal, paper tribunal that is until it's over. I am lead to belive old medical evidence is overlooked, Will this apply at the paper tribunal I wonder & keep my fingers crossed 
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,793 Disability Gamechanger
    edited December 2017
    Any advice for the above please, @CockneyRebel? I know you're knowledgeable in this area!
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Often, the problem is not with your evidence but the way in which it is read
    (or not ) Newer evidence does carry more weight but many people with long term conditions only have older stuff.

    It is important to understand the points system, descriptors and the criteria for an award. A good starting place ids the B&W self test

    http://www.mybenefitsandwork.co.uk/pip/indexxx.php

    Have you requested a copy of the assessment report ?

    Don't get sucked into trying to argue with the assessors point of view, that will not get you an award, only by showing that you meet the criteria will you win.

    The first stage of a tribunal appeal is to submit form SSCS1
    At this stage you only need to give your basic reasons for your appeal,
    Once the tribunal have accepted your request, the DWP will prepare their case and send you a copy of all the evidence used, known as the bundle.
    When you receive this you should first check to make sure that all your evidence is included

    Now, using the bundle you should prepare your own submission

    If you have any new evidence you should attach it to the back of your submission with your name and NI on each page

    A simple formula that I use is as follows

    Write a brief history of your claim. State which descriptors you agree with and the points awarded

    Take each disputed descriptor in turn state the points awarded and what you consider should have been awarded.
    Reference each descriptor to the page and paragraph of the bundle, Lead the reader to the exact place in your evidence that shows that you meet the criteria.

    Make good use of the reliability factors of safety, repeatedly, in a timely manner and to an acceptable standard. These are often ovwerlooked by assessors but can have a big affect on an award

    Do this for each descriptor in turn, some of the tasks are interlinked so difficulty  washing can also have an impact on dressing and preparing food if you have poor grip. Don't expect the reader to make the assumption. It may seem like you are repeating yourself but make it as clear as possilble in each section, make it idiot proof

    Finally, write a brief summary of your case, what points you should have received and the award that this represents

    best of luck

    CR

     

    Be all you can be, make  every day count. Namaste
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,793 Disability Gamechanger
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    At my oral tribunal the panel gave a lot of credit to my 19 year old medical evidence.  I hadn't obtained any recent medical evidence as my doctors do not know in detail how my conditions affect me on a daily basis.

    The hearing was rather like another assessment from scratch but no exercises.  Tribunals are impartial, interested in finding out the truth. They want to know what you can and can't do - they know that assessors' reports are full of inaccuracies.

    At a paper hearing the panel will examine all the evidence before them and decide for themselves.
  • algy194
    algy194 Community member Posts: 25 Listener
    Very well written CR, Thank you, I wouldn't have known and would have assumed I was just repeating myself, when it seems you have to be just like the Atos HP in his report where terms are constantly repeated.  It does take some getting your head around, for me it is a totally diffrent way of thinking. I somewhat understand where I have shot myself in the foot regarding interlinked the MR decision did say something about challenging one but not another And yet it was The DWP who advised me to focus on the Zero points Or larger scoring points as I only needed 2 points   ..Dammed if you dammed if you don't 
       Thank you again CR I have time to digest and maybe find some examples related to my awards given 
        Algy 
  • algy194
    algy194 Community member Posts: 25 Listener
    Paper appeal   ..Seems they only looked at Atos report. Turn around time 2 weeks from receiving appeal. Very Professionally done by C.A.B and it was too. I must say this appeal was very well written, 'To the point, polite and accurate  ...No way was this looked at by a Doctor for one and without doubt only the Atos report was. Statement of Reason ' error of Law Seems there is    ..can only wait and see now.   As I was told advised many many times it is Paramount that people make an appearance at appeal, Paper appeals are not worth the Paper time and effort they are written on. But for some like myself it would cause my  issues to worsen. The worry the wait for 12 months plus I'd have been made very ill day to day with Extreme  Anxiety  if not in a Box. I don't say this lightly I really do not
      It is Very hard to get out of the Mental PIP trap even with Professional help if your lucky enough to get some. Every stage of the appeal is watered down    ..The case just becomes weaker and Weaker 
      Please go if you can and Win. It's for all of use 
            Kindest regards Algy.

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