Pip claim journey to Appeal

Hi Sum

I'm sorry to hear about the challenging time that you have been having. It's not easy to support a loved one (your sister) while also loosing another family member.

With all that was going on - I'm not surprised you have run into difficulties. I have never used the online system - but the fact that you started the process and then asked for an extension - must have made them think that you were taking part in the process. I don't know why that happened - but once you got the text message, the assessment should have been cancelled. I understand why it wasn't, but in this case, neither HAAS nor the DWP knew anything was wrong. Claimants don't always fill in their paper forms fully, and I suspect this also happens online. I know you said you didn't submit it - but the system seems to have thought you did - and as you didn't flag it up as an issue it's a difficult one to fight retrospectively.

Have you seen a copy of the assessment report? It's called a PA4. Do you understand why they turned your sister down? Now it may just be they didn't have enough information because a form was not submitted, or the assessor didn't understand the difficulties your sister has. Was there any helpful information from the MR?

You have a couple of choices here.
1. You can file a complaint. You can complain the process wasn't fair from the beginning as you never submitted a form. (They will probably still ask why your sister went through with it.

2. You could start a new claim - the reason for this is to be able to submit all the information about your sister that they didn't previously have.

3. You can go to appeal - but don't waste time a lot of time on the form issue. The panel can't adjudicate that - they can only say whether the decision the DWP made at the time was fair on the information they had available to them. I don't suppose you recorded the assessment - and have anything to show that the process wasn't fair? You have to fight the decisions they made on each question. It's only overturning those that will get your sister an award.

BIS

Hi Sum,
Firstly if you wish to appeal, don't get too bothered about the deadline. If you have a good reason, you can submit the appeal up to 13mths after the MR. Grieving, helping sister who is also grieving, gathering papers on a complex case are all likely to comprise good reason, so as long as you explain this a small delay won't be a problem.
By all means make a complaint- you might get an apology or less likely a token amount of compensation, but I genuinely do not know if by making a complaint DWP will change their decision.
If you make a new claim then any award will only start from the claim date. So, eg you claim tomorrow, PIP can only be paid from then. Your original claim was in May last year, and if you appeal this claim, if successful, the award will go back to May. That is a lot of money to lose. (If your sister's claim was paid now even at just standard rate daily living- with backdating it is well over £3000!)

When considering an appeal, the tribunal are standing in the position of DWP making the decision that should have been made. I have had instances in the past where a claimant has made a very poor effort with the form. When I submitted the inevitable appeal, I explained that the claim form was ill-prepared and that the claimant didn't understand. I then explained the exact nature of their disability and the correct points value.
This basically is the same situation as with your sister. So...approach it in the same way.
You can use the online SSCS1 form. (This seems to work ok!) However, type the grounds of appeal on a separate page and upload, as there is a weird formatting glitch everything comes out in a long paragraph, no gaps! Very difficult to read!
I would start off by explaining your sister's health issues, diagnosis, crucial dates, treatment and a general overview of how this all effects her.
Then explain that the Ground of Appeal is because DWP have failed to award daily living and/or mobility components. The main reason for this is due to not having a claim form, and the ability for your sister to explain herself properly. Mention that there was no claim form, and explain briefly that the online system did not work.
(Remember that the tribunal has to make the decision that DWP ought to have made. It's not so much about whether the decision is fair on the information before DWP- firstly many assessment reports are misleading and provide incorrect information, nevertheless DWP choose to rely on them secondly, and crucially here, the process has gone wrong, DWP have not had all the information and have kind of sidestepped the process. Was the GP report actually blank or just the copy you had. And 'blank" doesn't mean 'I agree' What it really means is maybe the form wasn't returned. Or We have nothing to add, ir no time to fill it in. Or most likely Ooops the secretary sent it back before it was filled in...A blank form is neutral and can't be argued any other way.
I suggest that you set out the timeline within your previous post above, (it maybe helpful to explain the abbreviations as the tribunal may not understand all of these.)
Explain that the assessment report isn't correct. I generally formulate 4 or 5 criticisms as bullet points - using the worst errors, and giving examples of what's wrong. Be brief, you don't need an essay on each error. Eg you could say
• assessor has made sweeping assumptions not based on fact- eg assessor has said sister us nit in pain and therefore can walk 200m+. The assessor has ignored that sister is prescribed oramorph Xmg 3 times per day.
Or
•Assessor has stated that sister 'coped well at interview, without prompting'- throughout the whole appointment however sister was in tears, seeking reassurance and constantly asking myself for the answers. Furthermore, she was so upset that afterwards she went straight to her room and wouldn't come out for 6 hours.

Next go through each relevant descriptor and effectively recreate the missing form. Explain the disability, why the task can't be done, give examples of what has gone wrong, and the appropriate points level.

Put your sister's name and NI number on all separate pages
You might wish to make a complaint in conjunction with an appeal, as this may well support the fact that DWP have ignored the correct procedure.
Make sure you explain why you are appointee and your sister needs your help. Explain why she is unable to explain things for herself.
Good luck.
I hope this helps.
Let us know how you get on.
LL26

Hi Sum,

It could be that your GP has just ticked boxes and left the comments box blank - they did this with me. I don't think they always have time to fill in everything they get in relation to medical reports.

Good luck with everything

Chris.