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PIP "tentative" award and Mandatory Reconsideration
- Andrew
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2 years 7 months ago #271365 by Andrew
Replied by Andrew on topic PIP "tentative" award and Mandatory Reconsideration
Hi BIS,
Thank you for your reply. I appreciate you can`t advise on whether to go for a tribunal or not, that wasn`t the point of my comments and I apologise for it coming across that way.
I`m more confused as to why the DM completely ignored anything and everything to do with my spinal problems and the pain it causes, for which I was awarded Enhanced Daily Living for the effect it has on my every day activities. Instead he used my asthma as a "get out of jail" card (for want of an expression).
As an aside, where are tribunals held? Are they held at local DWP offices or held in an actual court (even though it`s not a court procedure in the sense of the word)?
Thank you,
Andy
Thank you for your reply. I appreciate you can`t advise on whether to go for a tribunal or not, that wasn`t the point of my comments and I apologise for it coming across that way.
I`m more confused as to why the DM completely ignored anything and everything to do with my spinal problems and the pain it causes, for which I was awarded Enhanced Daily Living for the effect it has on my every day activities. Instead he used my asthma as a "get out of jail" card (for want of an expression).
As an aside, where are tribunals held? Are they held at local DWP offices or held in an actual court (even though it`s not a court procedure in the sense of the word)?
Thank you,
Andy
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- denby
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2 years 7 months ago #271366 by denby
Replied by denby on topic PIP "tentative" award and Mandatory Reconsideration
Hi Andy, as BIS says it's your call. But my personal opinion is 'do not let the [whatevers] grind you down!!! '
They are playing games with you, with the backing from B&W you can play them right back, do go for it and let us know how the Appeal goes, as it is so encouraging to the many who read but don't have the nerve to post.
best , Denby
They are playing games with you, with the backing from B&W you can play them right back, do go for it and let us know how the Appeal goes, as it is so encouraging to the many who read but don't have the nerve to post.
best , Denby
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- Andrew
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2 years 7 months ago #271369 by Andrew
Replied by Andrew on topic PIP "tentative" award and Mandatory Reconsideration
Hi Denby,
Thank you for your reply.
I am going to appeal, I just need to download the relevant documentation from B&W to understand the process.
Andy
Thank you for your reply.
I am going to appeal, I just need to download the relevant documentation from B&W to understand the process.
Andy
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- LL26
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2 years 7 months ago #271372 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP "tentative" award and Mandatory Reconsideration
Hi Andrew,
To answer a few of your questions.
Due to Covid many tribunal hearings have been conducted remotely via phone or video links. I am aware that hearings are now starting to be done face to face.
It depends on where you live, some tribunals have their own building, others share space in the town courthouse. Tribunals are run independently as part of the Judiciary. Definitely won't be in a DWP office building unless its a giant building shared by many departments!
You have 1 month from the date of the MR decision to appeal. (A late appeal can be started if you have a reasonable excuse, but it is always better to be on time!)
You can apply online SSCS1 form. If you do online it will automatically be registered and you will get updates via text if you sign up for that service.
Most of the form is personal details. There is a box saying what do you disagree with the decision. It is totally possible simply to say 'DWP has awarded 4 pts for mobility which doesn't reflect the disabilities I have or something similar. Make it clear you only dispute mobility.
Or you could retype the MR letter or the comments about asthma breathlessness etc that you raised in your previous posts. If you want to write a longer piece, I find that it is easier to type as a separate document and upload. (The formatting goes terribly strange when this part is printed out, which will happen for the hearing.)
Make sure name and NI Number are clearly on all pages.
Make it clear you don't dispute daily living just mobility.
Just to explain, when the appeal is lodged DWP are notified and have 1 month to produce the appeal papers (bundle) this will include all claim forms, assessment pages, SSCS1 form, and decisions etc, basically everything you or DWP have generated for the claim. The tribunal will have copies too.
If you want you can write more later or send in more evidence such as a new medical report.
However, you can use the SSCS1 form to express your grounds of appeal. DWP must review this and occasionally a well written form will make them change their decision, even at this late stage.
Don't use words such as liar, it is better to say 'ignored 'misunderstood' etc
I hope this helps.
LL26
To answer a few of your questions.
Due to Covid many tribunal hearings have been conducted remotely via phone or video links. I am aware that hearings are now starting to be done face to face.
It depends on where you live, some tribunals have their own building, others share space in the town courthouse. Tribunals are run independently as part of the Judiciary. Definitely won't be in a DWP office building unless its a giant building shared by many departments!
You have 1 month from the date of the MR decision to appeal. (A late appeal can be started if you have a reasonable excuse, but it is always better to be on time!)
You can apply online SSCS1 form. If you do online it will automatically be registered and you will get updates via text if you sign up for that service.
Most of the form is personal details. There is a box saying what do you disagree with the decision. It is totally possible simply to say 'DWP has awarded 4 pts for mobility which doesn't reflect the disabilities I have or something similar. Make it clear you only dispute mobility.
Or you could retype the MR letter or the comments about asthma breathlessness etc that you raised in your previous posts. If you want to write a longer piece, I find that it is easier to type as a separate document and upload. (The formatting goes terribly strange when this part is printed out, which will happen for the hearing.)
Make sure name and NI Number are clearly on all pages.
Make it clear you don't dispute daily living just mobility.
Just to explain, when the appeal is lodged DWP are notified and have 1 month to produce the appeal papers (bundle) this will include all claim forms, assessment pages, SSCS1 form, and decisions etc, basically everything you or DWP have generated for the claim. The tribunal will have copies too.
If you want you can write more later or send in more evidence such as a new medical report.
However, you can use the SSCS1 form to express your grounds of appeal. DWP must review this and occasionally a well written form will make them change their decision, even at this late stage.
Don't use words such as liar, it is better to say 'ignored 'misunderstood' etc
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Andrew
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2 years 7 months ago #271373 by Andrew
Replied by Andrew on topic PIP "tentative" award and Mandatory Reconsideration
Hi LL26,
Thank you for the points, I`ll print those and keep them in my pack for when I put the appeal together
I would never use the word liar. The draft I have in my head does not criticise the assessor or the DM, it just makes objective comments to oppose their argument.
Thank you,
Andy
Thank you for the points, I`ll print those and keep them in my pack for when I put the appeal together
I would never use the word liar. The draft I have in my head does not criticise the assessor or the DM, it just makes objective comments to oppose their argument.
Thank you,
Andy
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- Andrew
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2 years 7 months ago #271477 by Andrew
Replied by Andrew on topic PIP "tentative" award and Mandatory Reconsideration
Hi again,
Another question if I may, even though I think I know what you will say.
I`ve started the online appeal process and I`m at the point of submitting evidence. The title is "Evidence to support your appeal". The notes beneath the title are not clear in that they don`t stipulate "new" evidence.
Am I correct in believing this is for new evidence only and not evidence already submitted with the original PIP application or the MR letter?
Thank you,
Andy
Another question if I may, even though I think I know what you will say.
I`ve started the online appeal process and I`m at the point of submitting evidence. The title is "Evidence to support your appeal". The notes beneath the title are not clear in that they don`t stipulate "new" evidence.
Am I correct in believing this is for new evidence only and not evidence already submitted with the original PIP application or the MR letter?
Thank you,
Andy
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