DWP Phone call mandatory reconsideration rejected

Peter

No, the SDP is not dependant on your being in the SG, however, you will lose the Enhanced Disability Premium (Disability Income Guarantee) unless you have an Enhanced Daily Living award for PIP.

Whether to appeal is up to you, the DWP have updated their guidance on qualifying under the Substantial Risk Regulations (Reg. 35), but that does not mean that an appeal panel will agree with their view. The current guidance is explained in the ESA Claims guide for mental health issues.

If you want to pursue the matter further then the ESA 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 ESA50, the assessment report and the ESA Claim guides to see how you might show this is the case.

Gordon

Peter Parker wrote: Thank you Gordon. I do not receive the enhanced disability just SDP. If i appeal and complete the SSCS1 form and put in section 5 my reasons for disagreeing, would you suggest that I put the reasons without detailed counter arguement and instead send a more detailed thorough case once DWP have sent me and tribunal their reasoning? If i do that would I send it to tribunal only directly, would it be sent as a letter with my details etc and would it have to be received by them in the one month time frame like SSCS1 form? Thanks

If you were in the SG currently then you should have been receiving the ED Premium, it will be documented as the Disability Income Guarantee on your ESA annual entitlement letter. It would have been removed by your being moved to the WRAG.

I would wait to make a detailed submission for your appeal until you have received the DWP#s submission.

Technically your response needs to be sent to the Tribunal Service within four weeks of your receiving the DWP bundle, but in reality they will accept information up to 7 days before the hearing.

Once your appeal is accepted you should only communciate with the TS about the appeal, they will copy any information on to the DWP when they receive it.

Gordon

Peter Parker wrote: Yes you're right about ED premium. I was reading move to wrag letter. Is there a mental health SSCS1 example on this site? I'm all at sea and feel very swamped by everything at the moment.

It's too specific to the person for us to provide a template. There is a worked example in the Submission document but you will have to adjust it to your situation. Remember, it does not have to be detailed.

Gordon