Pip MR

Hi Ed,
I'm sorry to hear about your experience with DWP. Fibromyalgia and chronic fatigue are conditions that DWP don't understand, and remain steadfastly ignorant about. Fatigue is a terrible thing, but it is also a largely hidden disability. This is not helped by Assessors who frequently 'don't notice any need for prompting, agitation, or inability to cope at interview.'
OK, let's set the record straight about the process.
Make claim- assessment- decision
Disagree with decision- send in MR request within 1 mth.
MR decision- disagree-within 1 mth fill out SSCS1 form (online or hard copy and send to Tribunal)
You have now lodged the appeal - DWP must prepare and send out the appeal bundle within 1 mth.
Hearing date is then fixed ASAP, but could be a few months delay, depends on where you live.
There is no 3 stage MR.
So, you have received the MR notice, you have a month to send in the appeal application. (This can be extended for a further 12 months, but you eoukd need to show a really good cause for being late. ) There is no need for you to be late, so do this now to avoid any further delays.
The easiest thing is to apply online.
www.gov.uk/appeal-benefit-decision/submit-appeal
Most of the form is admin stuff like name, address etc. There is one part about what you disagree with the decision. This is your chance to set out your case. My advice is to type this in Word or equivalent and then upload as a separate document . Fir some bizarre reason when you type in the box provided the formatting goes peculiar when the form is later whrn printed out, it comes out as a long paragraph no gaps and is therefore difficult to read. Put you name and NI number on all other documents you upload.
So, fill out the form, I suggest you tick face to face phone or video. Gradually the Tribunals are getting back to hearings at the courthouse rather than by phonelink, but I don't know whether this will come through for your hearing.
Fill out the form, including dates to avoid. Upload any documents. Ta dah! You have appealed to the Tribunal.
If you leave a phone number or email address you can get updates.
So, you will get an immediate confirmation if you leave contact details.
Approx 1 mth later DWP will send out the appeal papers, called appeal bundle. This will contain all the claim form, decisions, MR evidence, assessment report, previous decisions if relevant, and the SSCS1 papers. The tribunal get this too.
If you have had previous benefits such as ESA,DLA or PIP beforehand, then these are relevant because they show a continuity of disability and the tribunals have made it clear that it is not appropriate for DWP to try and pretend there have been no previous benefit awards when there has been!
So you can at any stage send in more evidence if relevant. Sometimes when you receive the bundle it is apparent you may have forgotten things or need to clarify. Basically you can send things in anytime up to the hearing, and potentially just hand it in on the day of hearing you are at a courthouse. Obviously not possible fir a phone or video hearing! However Tribunals don't like being inundated on the day, it makes it very difficult for them to assess the new evidence, and this may then cause the hearing time to overun. (This might lead to an adjournment so best avoided.)

Going back to the reasons for your appeal. You can write as little or as much as you like. I tend to write a paragraph or two about how you became ill, how this affects you generally, treatments etc. Then next paragraph criticise the assessment report if you have this. Condense your criticisms to 4 or 5 bullet points focusing on the major disputes , giving examples for each of the worst.
Next go through each descriptor- you can refer back to the Members Guides for more assistance. Perform a strict analysis of your disability, the help you need, the activities you can't do and why, in respect if each set if PIP activities. Be brutally honest. If you avoid something eg tailored clothes, why- consider whether you avoid because you can't otherwise, or would need help.
Consider
Safety
Reasonable time
Acceptable standard
Repetition
(again all these concepts must be fulfilled and are explained further in the Guides)
You can then say eg DWP awarded zero points. However I can not do X safely and to an acceptable standard, because....I should therefore get Y points...
Do this for all relevant descriptors. You can also agree eg that 'because I can't do Z...I should get 2 points under 2b'
Make sure you fully explain the reasoning for the points you believe are correct.
It is possible that DWP will revise their decision after receipt if the appeal as they have a legal duty to review at this stage.
No further MR are needed you could complain about this if you wish.
I hope this helps.
LL26