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Sending more paperwork after starting tribunal

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7 years 2 weeks ago #186990 by Richard
Hi,

I was on ESA WRAG and was given a reassement. It didn't go in my favour and so I've done the mandatory reconsideration. Again, not in my favour, essentially, they didn't look at what I had written.

So, obviously, I intend to appeal. My intention is to mark on the tribunal paperwork which descriptors I should've scored points for but they haven't been taken into consideration. I would like to obtain everything from DWP about me and my claim (subject access request?), but this can take DWP upto 40 days to process, not something I have time for.

So, can I send something to HMCTS after the initial piece of paperwork? Or is it very much a case of once sent, it's sealed up?

Many thanks

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7 years 2 weeks ago #186996 by Gordon
Richard

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, this will include all of the documents used in the making of the Decision, so there should be no requirement for you to issue a separate SAR.

Whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

If you have further questions then please reply to this post and we will do our best to help.

Gordon

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

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6 years 9 months ago #193312 by Richard
Thank you Gordon, although I appreciate it is slightly out of date (sorry!).

Essentially, the assessment and mandatory reconsideration didn't believe me when I claimed to suffer something which would score me points. I now have a letter from my hospital doctor confirming this event happens as well as photos of the injuries that the incidents have caused me.

Would those be worth sending on to HMCTS along with an explanation of what they are?

I have received the pack from DWP already, but no tribunal date.

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6 years 9 months ago #193320 by Gordon
Richard

Yes you should include this in your submission to your appeal.

Gordon

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

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