Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.

Professional Members

We support both claimants and professionals.  These are just some of the organisations who have subscribed to Benefits and Work:

  • Royal College of Nursing
  • Spinal Injuries Association
  • Chesterfield Law Centre
  • Coventry Mind
  • Birmingham Citizens Advice Bureau
  • Colchester Borough Council Welfare Rights

Read more

Welcome, Guest
Username: Password:

Remember me. Note: ticking this may affect members file download ability.
Members

TOPIC: Refused again on Mandatory Reconsideration

Refused again on Mandatory Reconsideration 5 months 51 minutes ago #175158

Jennie wrote: I have decided to appeal and go to Tribunal with my claim. I am just completing the SSCS1A form which I have downloaded.

I am currently at the Grounds for Appeal section and wondered how indepth I should go with regard to my reasons for appealing. Not sure what I should say at this section. Should it be along the lines of correcting the Assessor's observations/descriptors. I can't find within the appeal notes anywhere exactly what I should be saying at this section so I don't drop myself in it


The PIP MR & Appeal guide explains how to complete the form, you do not need to provide detailed reasons at this stage of the process.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Refused again on Mandatory Reconsideration 5 months 49 minutes ago #175160

Jennie wrote: I am also at Section 6 of the form where it asks if I want to attend the hearing or have it is done by the panel. I WANT to attend but unfortunately I can't due to agoraphobia which I have noted at Section 7 of the form


You can request a paper hearing where you do not attend but be aware that the statistics for these suggest that the success rate is a lot lower than an Oral hearing that you do go to. As an alternative you can ask for the Tribunal to be held via a video link or just over the phone.

Gordon
The following user(s) said Thank You: Jennie

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Refused again on Mandatory Reconsideration 2 months 1 week ago #182058

Well all I can say is OMG!!!!!!! I forgot all about my tribunal hearing last Thursday. I indicated on the form I couldn't get there because of my agoraphobia and would be willing for a skype.

Anyway I received notification this morning and my appeal has been allowed. I can't believe it, I am totally gobsmacked. That long 9 page letter I did, with lots of medical evidence, must have made a difference!!!!

"I am entitled to the daily living component at the enhanced rate from 19/7/2016 - 18/7/2018"

It also says "I am severely limited to carrying out daily activities" and scored 13 points, which is a huge difference to a big fat 0 on every descriptor initially.

On the mobility I have scored 12 points and again have been awarded the enhanced rate, and again because "I am severely limited to carrying out mobility activities" - due to the agoraphobia.

"By reason of Hashimoto's disease and depression Miss S is significantly limited. As a result Miss S qualifies for the above award of PIP"

My question is, what happens now? Do I await the DWP contacting me with confirmation along with backdated monies going into my account? How long does it take? Am I able to chivvy them up if I haven't heard from them within a certain time?
The following user(s) said Thank You: ivyfox

Please Log in or Create an account to join the conversation.

Refused again on Mandatory Reconsideration 2 months 1 week ago #182102

Jennie

Congratulations on the Tribunal result. Well done.

It usually takes the DWP 5-8 weeks to process a Tribunal Decision, I would give them a ring just to make sure that they have received the Decision Notice.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Refused again on Mandatory Reconsideration 2 months 1 week ago #182150

That is great news! If I need to appeal, I too will be having to do it without attending as I do not leave the house so it is great to see a success story of a tribunal carried out this way.

Well done you for forgetting about it all too. My brain won't switch off at all and my PIP claim has been on my mind continually since I applied.

Please Log in or Create an account to join the conversation.

Refused again on Mandatory Reconsideration 2 months 1 week ago #182182

That's great news Jennie! Gives a little hope to all of us going through the same thing. Having requested an MR 10 days ago, I received the dreaded brown envelope this morning just as I was going to get my husband to ring them to check that they'd even received it.

Unfortunately, (but not unexpectedly), the new Decision Maker has decided to stick with the original decision i.e. enhanced rate for daily living Standard rate for mobility, (2 measly points short).

After reading the letter 5 times, I'm upset but still determined to try for an appeal and had already printed off the SSC1 form, (think that's the number of it), in readiness for failing to get a satisfactory result from the MR. But reading it is so upsetting because it reads as if I've been telling lies! My husband keeps telling me to not dwell on the comments because he says that anybody who knows me, knows how my multiple conditions affect me day to day and they're exactly as I put in my PIP2 questionnaire.

And STILL no mention from the DM that my husband was there with me and was the one doing most of the answering for me. Letter just keeps repeating, 'You stated.....' These decisions are just so unfair and unbalanced views, not helped by the HP who kept inserting under variability of problems as 'bad all the time' when they are variable as I 'stated' in my PIP2!

Sorry, doing my best NOT to have another rant, but I feel quite deflated to be honest. Best get on with gathering the info asap now as there's already been 5 days wasted from the date of the letter to it arriving. So.......only 23 days to go. I'd cross my fingers if the arthritis would let me :)

At least you can breathe again now and relax Jennie as your nightmare is over and I'm very happy for you. Well done.

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonMrs Hurtyback
Time to create page: 1.613 seconds