ADVICE ABOUT APPEAL

Hi Tak2,
There is a two stage appeal process. If you are unhappy with the initial DWP award you can send in an MR letter.Sometimes this works. If you remain unsatisfied with the decision you can then appeal to the tribunal. This is a specialist court that deals solely with benefits cases, including PIP.
You would normally have a month from the date of the MR decision to initiate the appeal. However, if you can show good cause a late appeal can be lodged up to 13 mths later. Obviously the later the appeal, the more cogent reason will be required.
You can apply online - you can fill out the SSCS1 form. The form is mostly admin stuff, such as personal details, and when you would be available for a hearing. There is a section that is Grounds of Appeal. You can say as much or as little as you want. You can just include the same as per MR or add that you hadn't submitted medical evidence, and explain that.You can upload medical evidence if you want to.
If you apply online you can note your email and or phone number to receive updates. You will get an almost immediate notification the appeal has been lodged. Around 4 weeks later you will receive a set of papers (appeal bundle) which includes all the relevant papers, such as claim form, assessment report, MR letter, SSCS1 form and any other evidence from you or DWP etc. The tribunal get these papers too.
Depending on your disabilities, I woukd always ekect an oral hearing when you fill out the SSCS1 form. The alternative is a paper hearing, basically the tribunal just decide on the papers. They won't get to see or hear you, and of course won't be able to ask you further questions. Unless you would really struggle to attend some sort of hearing I always vote to attend. Hearings used to be at the court house or other building where tribunals were held. Of course Covid has changed this. I know there is a move to get back to fully attended hearings but at present most hearings are still done over phone or video. However, many claimants have indicated they prefer phone hearings, so according to a local tribunal user meeting held where I work, options for phone and or video hearings may continue post Covid.
The tribunal is independent from DWP.You can attend and give evidence, together with any friend or carer. DWP may attend but often do not. The hearing will be informal. Think job interview - no wigs and gowns and juries! There tends to be a big table with claimant one end, tribunal panel at the other. For PIP there is a legal chairman, (judge) doctor and disability expert, who might be someone who eg runs a care home or similar.The result is usually announced at the end of the hearing, although sometimes the result is posted out, if the tribunal has other cases and are running late.
The tribunal may well look at the whole award. This can occasionally mean a lesser award. However If the tribunal believe a lesser award is correct they have to announce this and give you the opportunity to withdraw your appeal if need be, leaving your current award in tact.
If you want you can be represented eg by an advice agency. You can still give evidence if you are represented. A representative ( or yourself!)can send in legal arguments, sometimes called a submission to use to persuade the tribunal to find in your favour. There is no requirement to do this, and it may be that you have raised all the important arguments previously at MR or in the grounds of appeal.
There is a right of appeal to the Upper Tribunal if the first tier tribunal get it wrong. This second appeal only will happen if the first tribunal get confused about the correct law and do not follow the correct law or procedure. You can't appeal to the Upper Tribunal because you simply disagree with the initial tribunal decision.
There is a very good percentage success rate at tribunal, even for those who have been awarded zero points by DWP. Hence it is worthwhile considering a tribunal appeal.
Whatever the tribunal result you will not need to return any payments. Of course if you win your award will get backdated to the date of claim or review decision when PIP was reduced as appropriate.
If you need further help about PIP and appeals, then have a look at the members guides for more information.
I hope this helps.
LL26