DWP phoning me 4 weeks after SSCS1?

Hi Ginger Blue

1. Yes, October 2nd.

2. Yes, you can add a representative later.

3. You can update your online form at a later date

4. You ask for what suits you best. It will be up to the Tribunal Service in your area to decide what they offer you. A lot are only doing it by video.

You can request a paper decision - but although that means less stress, if the panel have any questions - they can't ask you and will decide on the papers in front of them.

5. Have a look at the Guide to PIP Appeals benefitsandwork.co.uk/guides-for-claimants/pip - it has advice about what to say. (Scroll down the page to find it)

6. You can submit updated information up to two weeks before your appeal takes place.

7. if you had a telephone the assessor report is a PA4. You will have to ring the DWP and ask for a copy - it won't be sent to you automatically.

BIS

Hi Ginger Blue,
To add to what BIS has said, if the time limit really worries you, you can put in a very basic appeal now or alternatively you could put in a late appeal.

Basic appeal
Google 'online SSCS1' and that should take you to the online appeal form (SSCS1).
Most of the questions are admin things, name, benefit, date of MRN, and dates to avoid and type of hearing etc.
These questions shouldn't pose any great difficulty. Choose the hearing that suits you best, as BIS has previously explained.
The Grounds of Appeal box only need say eg ' DWP have reduced/removed my benefit. My health conditions has not changed since I was diagnosed in XXXX. I wish to appeal against the removal of benefit.'
There's no need at this stage to say anything more. (I have used this approach several times successfully when time is pressing!)
When the appeal is lodged, which is basically immediately if done online, after around 4 to 6 weeks you should receive a bundle of papers. This is the appeal bundle - sent to tribunal too. This will include claim forms, assessment reports, MR letters, DWP decisions....
Once this is received you can consider all the evidence and then write detailed reasons why DWP is wrong.
If I understand correctly, this is a Supersession- legal name for DWP changing benefit. (Because you have been on benefit previously.) It is important to mention this, because DWP can't legally change benefit (reduce/remove) unless there is an actual change of circs. This is NOT simply that DWP has received a new assessment report.
Explain your health and how long you have been ill, and in particular if your health has declined, when you write your reasons whatever time you lodge the appeal.

The basic appeal, will preserve the time limit and whilst DWP are getting the papers together, you can collect all the necessary extra statements to support your case and then send then in altogether after the bundle is received.

Second scenario- late appeal. If you can show good cause you can lodge an appeal up to 13 months after the MRN. Obviously the later the appeal, the better the good cause.
If you haven't been well, or perhaps due to disability writing forms and gathering info takes along while, or that the additional statements you need have been requested but responses are slow etc etc then this could be sufficient to show good cause.
If the appeal is only a week or two late and you have a reasonable explanation then it is highly likely that the appeal will be accepted late. You can also argue that you are long term disabled and if a late appeal is not allowed yoy will lose your access to both justice and property (benefit is property here) under the ECHR law.

However, whilst sometimes a late appeal can't be avoided, it is better to try and meet the initial deadline, as then there is no problem with being allowed to appeal.

I hope this helps.
LL26

Hi Ginger Blue,
Not really sure what else you need to know about Supersessions but I'll try and explain further, it is complicated....

This is an example if what could happen...

When someone makes a claim for benefit, DWP then decide. Let's say they award PIP from 1st October 2020 for 3 years. Hence award ends 30th September 2023. Award is standard daily living 10 points were given.
In the usual course of events a review is sent out at some stage before September 2023, with a view that the award will continue without a gap if DWP review and award the same rate of benefit.
The review here takes place on 1st July 2023.

However supposing when DWP review they decide to award only 5 points - since 8 points is the minimum to allow entitlement to benefit DWP can no longer pay benefit. The decision reducing/removing benefit is called a Supersession- or in other words DWP have superseded the award.

Similarly if DWP now accept that the claimant's health is worse and upon review now award 14 points for daily living, this means more benefit can be awarded as there is now entitlement to enhanced rate. This is also a Supersession because DWP have changed (superseded) the award, and crucially, the original decision period is still current at the time when the decision is changed.

The effective date of the Supersession is likely to be the date of the review ie 1st July 2023 if benefit is reduced and there's no suggestion of fraud etc. (This is the scenario that often occurs when DWP receive a new assessment where the assessor doesn't understand the claimant's illness and hence gives fewer points than before.)
In the case of an increased award, the review might have been instigated via the claimant contacting DWP to say his condition is worse. If the claimant phoned up eg on 1st March 2023 it is likely that the 'effective date or the date when the benefit will changed will be the date of the phone call- so 1st March 2023, . It might be possible to back date further if you have been eg in hospital and couldn't report the change sooner.

If DWP review and reduce/remove benefit believing the original claim was fraudulent or there was some sort of misrepresentation, or alternatively a latter unreported health improvement occurred, the effective date of the Supersession will be the date when the fraudulent claim was made, or when the change of circumstances occurred and/or should have been reported.
To be valid a Supersession must have an effective date.
(Effective date law is very complicated - I have very much simplified this!)

The regulations allow DWP to begin the process to make a Supersession if they have received a new assessment report, but the only way a Supersession becomes lawful is if there is an actual change of circumstances.
There are other scenarios which permit a Supersession to be made, but in practical terms these are uncommon so I haven't described these.
All Supersessions need to have a correct legal basis and a correct effective date to be valid.
If the Supersession is not correct in law, and eg there is no actual change of circumstances it will be unlawful.
DWP need to show that
1. They are allowed to supersede- so one or more of the permitting regulations apply.
2. There is an effective date and this is correct
3. There are actual grounds to supersede eg evidence of fraud at start of claim or evidence of actual change of circs as appropriate.
4. DWP has made a proper (sufficient) explanation of how/why it has superseded.
If DWP can't prove all the Supersession requirements are satisfied to the balance of probabilities then a tribunal will need to reinstate the decision as it was previously, and the benefit will then be paid at the previous rate until at least the end of the original award length.
(However eg if claimant had contacted DWP and said his health was worse, but nevertheless DWP reduced benefit - tribunal can also increase the award and/or its length.)

Phew!
Well that is a very potted history of Supersessions.

Hopefully that makes things clearer. Don't worry it is a very complicated area of law with lots of caselaw and regulations to consider.

LL26

Hi Ginger Blue,
...to refer specifically to your case...
You indicate that your health is unfortunately worse.
Assuming that you were correctly awarded benefit in the first place then DWP unless DWP can show that a Supersession could legally made, and indeed was legally made in accordance with all the rules then the Supersession is unlawful.
In practical terms, that means you have very strong evidence to show that DWP's decision to remove benefit is wrong.
It is still likely you will need to appeal to the tribunal to get benefit reinstated and or increased.
Unfortunately DWP often supersede 'unlawfully' often relying on a flawed assessment report, but very seldom do they change their mind and this does mean a full tribunal is still needed. Sorry.
An Appeal is the only way forward in these circumstances.
Let us know what you do and how you get on if you do appeal.
LL26