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6 years 2 months ago #204786 by marieukxx
PIP Appeal was created by marieukxx
So I did my dad's MR for him as he lost his PIp when he applied after being on DLA. He is deaf with a few other problems not mobility related. I do know about the new safety rulings but didn't challenge mobility in his MR. MR has come back and he's been awarded standard mobility! We feel he should have had daily living. We submmited plenty of menical evidence.

Dad wants me to appeal. I've read about the process from the guide here. I've got the appeal form. When I list my reasons for appeal do I do it in a similar way as MR. Saying what he should have got points for and why I consider their decsion to be wrong? Also at tribunal will they have his original PIP form plus eveything I wrote for MR and the medical evidence I supplied for those? Is it a case of fill in the appeal reuest form and then waiting for the tribunal date which I know can be a year. Or is there more to be done along the way? I honestly can't think of anymore I could have said and we are shocked he got standard mobility instead of daily living.

And how do you deal with someone like my father who doesn't understand the process? I've found it mentally draining and it's taken a toll on my mental health this whole process. I have my own problems. He doesn't understand descriptors and how to reply to questions. He's a pensioner so this is his last chance really otherwise he will have to go for attendance allowance. Obviously he's lost his severe disbility premium too and it's hitting him hard financially.

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6 years 2 months ago #204794 by Gordon
Replied by Gordon on topic PIP Appeal
Marie

There is a completed sample SSCS1 in the Submissions PDF in the PIP area, your reasons can be the same as you used when you requested the MR.

When the appeal is accepted, the DWP will ne notified and they will prepare their case for the hearing, this will include all of the documents used in the Decision and at the least his claim form and anything that was attached, the assessment report and any evidence that they collected as part of the process.

Whilst you should not wait for the DWP submission to start working on your father's submission, wait until you have received their "bundle" before completing it so that you can address any issue you raise.

His submission needs to be with the Tribunal Service no later than seven days before the hearing.

Making an appeal can be stressful, my best advice for dealing with it is to make a plan for what you will include in the submission and then break it down in to small manageable bits.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: marieukxx

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6 years 2 months ago #204815 by marieukxx
Replied by marieukxx on topic PIP Appeal
Thanks Gordon.

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6 years 2 months ago #204897 by marieukxx
Replied by marieukxx on topic PIP Appeal
I've had my dad's MR decision letter through and he's 2 points off daily living. It seems they have used the new safety ruling for the mobility side but not on the daily living side. The ruling came in after his original form was filled in and after his f2f. I used this new ruling in his MR. I quoted it and included it.

He is profoundly deaf so I believe under the new ruling he should have scored points for washing and bathing as he needs supervsion. If a smoke alarm were to go off he would not be able to hear it.

Secondly he has a condition called dysphagia which means he has difficulty swallowing and has choked before. I belive the safety ruling comes into play here too.

So I rang to speak to a case manager who just said what the health care professional said. I mentioned that the new safety ruling was brought in after his f2f and the two descriptors that this should have been taken into cosideration. He's referring it back to the case manager and kept saying they'd have to take advice from the health care professional. Isn't she out of the decsion making process now? At the time he said he could wash and bath as physically he can. The case manager I spoke to kept saying it's whether he can physically wash and bath!

How long should I reasonably be expected to wait for them to re look at it? I forgot to ask.

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6 years 2 months ago #204914 by Gordon
Replied by Gordon on topic PIP Appeal
Marie

I would not wait and would make a request for appeal now.

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, 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 2 months ago #204929 by marieukxx
Replied by marieukxx on topic PIP Appeal
Not sure if I've asked this before but when I give my reasons for the appeal do I just give the ones I'm disputing. I don't need to go into the ones we are happy with do I? Is it worth putting in the safety case law at this stage?

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