Pip

I was on standard rate of pip

My condition got worse tablets increased so I told pip

Now they have stopped my award

How do I take this to a tribunal wot do I do

[NickyNoo24]

I am currently still on DLA thankfully but my first claim was refused and I basically just kept appealing within 14 days. I think I appealed 3 times before they sent me a letter that may aswell have said fine, come to tribunal and then go away but I didn't, I got indefinite high and high so well worth persisting

[Hidden in reply to NickyNoo24]

Hi how do I go about taking it it to a tribunial

[NickyNoo24 in reply to Hidden]

With DLA i appeal enough times tgat they invited me, gave me a date and time. I also took my mum with me and very clear letters from my GP and practice nurse. They gather consultant opinions etc but I stated that they know how I live day to day better than any other medical professionals

[Hidden in reply to NickyNoo24]

Thankyou for kindly replying to me x

[NickyNoo24 in reply to NickyNoo24]

Before you can appeal to a tribunal, you’ll need to ask the Department of Work and Pensions (DWP) to look at the decision again. This is calledmandatory reconsideration.

If the DWP didn’t change their decision when you asked them to look at it again, you can appeal to an independent panel, called a tribunal.

The tribunal looks at the evidence from both sides, then makes a final decision. The tribunal is part of the court system - it’s not part of the DWP.

When you can appeal to a tribunal

You can appeal any decision made about your PIP claim. Some of the most common reasons are:

you didn’t get PIPyou got a lower level of PIP than you expectedyou think your PIP award should last for longer

The appeal will look at whether the decision was right at the time it was made - they won’t consider whether your condition has got worse since then. Get advice from your local Citizens Advice in England and Walesor in Scotland if this applies to you.

To be allowed to appeal to a tribunal, you’ll need:

your letter from the DWP with the words ‘Mandatory Reconsideration Notice’ at the top - if you’ve lost it, ask them for a new oneto send your appeal form in within one month of the date shown on the mandatory reconsideration notice

Worth knowing

It can take a long time to get to a tribunal hearing - how long it takes will vary depending on where you live.

The process can be draining but it’s worth remembering that more than half of people who appeal their PIP decision win at a tribunal.

If you feel the decision is wrong, don’t be put off appealing.

Getting help with your appeal

You can get help with your appeal from your local Citizens Advice in England and Wales or in Scotland, or a local disability support agency. You can find details of local disability support agencies on the Scope website if you’re in England and Wales orDisability Information Scotland.

You might be able to get someone like an adviser or a solicitor to act as your representative during the appeal, but they’re not always available. Your local Citizens Advice or law centre might help you find one, but if there are costs you can’t get legal aid to cover them if you live in England or Wales. You might be able to get help with costs in Scotland. A representative can help you with the paperwork and might speak on your behalf.

Don’t worry if you don’t have a representative - the tribunal board is most interested in hearing how your condition affects you and in your own words. Support from a friend or family member can really help, and you can do it without a professional.

Complete the appeal form

Fill in an appeal form, called SSCS1. You canget a copy of SSCS1 and guidance notes from GOV.UK. Make sure you complete the whole appeal form otherwise your appeal could be rejected.

Explain why you’re appealing

The most important part of the form is Section 5: Grounds for appeal. In this box you need to give the specific reasons why you disagree with the decision.

Use your decision letter, statement of reasons and medical assessment report to note each of the statements you disagree with and why. Give facts, examples and medical evidence (if you have any) to support what you’re saying.

You might have done this already for your mandatory reconsideration letter - if so, you can use the same examples and pieces of evidence again.

You can also look at the points system the DWP uses (called descriptors) to assess PIP claims to see where you think you should have got more points and the kinds of evidence you can use. You can use our guide to how the DWP makes a decision to help you.

You can include all this information on a separate sheet if you’d prefer, just write ‘See enclosed information’ in the box and attach any papers securely to the form.

An example of depression affecting eating and drinking

I don’t think you’ve taken into account the effects of my severe depression when it comes to preparing food and eating. I find it hard to concentrate, so even if I push myself to start I can’t finish making a meal. I only eat meals I can heat up in the microwave. On the times I have tried to cook from scratch I have burned myself because I lose concentration and forget I have a pan on the hob.

An example of challenging a mobility decision

I don’t think you’ve properly understood my mobility problems. You say I can walk 50 metres unaided. In reality, trying to do this causes me significant pain and means I can’t walk at all for the rest of the day. I have enclosed a report from my occupational therapist which explains this in more detail.

An example of challenging the assessment

I don’t believe all the findings from my medical assessment are accurate. The assessor asked me if I could lift a cup. I did as asked but it caused shooting pains up my arm that took several hours to subside and meant I struggled to hold anything else for the rest of the day. I wasn’t given the opportunity to explain this in the assessment.

Missed the appeal deadline

If you missed the deadline you can still send in the SSCS1 form, but in Section 5 you’ll need to explain why it’s late (for example, if you were in hospital). The tribunal board will look at why your form was late and decide whether they’ll let you appeal.

Ask for a hearing in person

It’s always better to ask to attend in person (called an oral hearing). This may sound daunting but it’s an informal meeting and you can get someone to go with you for moral support. Having an oral hearing gives you more opportunities to put your case forward and a better chance of winning.

In Section 6, tick the box that says ‘I want to attend a hearing of my appeal’.

Ask for what you need

In Section 7 of the form you can add the dates you’re not available and information about anything you need to be at the hearing. It’s really important to think about anything that might stop you being able to go to the hearing and to write it down. For example:

you can only attend a hearing during school hours or term time because of childcare responsibilitiesholidays you’ve bookedany dates you’ve got important medical appointments

If you don’t mention these and the hearing is booked for a date you’re not available, you might not be able to change it.

The tribunal centre should be accessible, but write down details of any aids or help you’ll need, such as a sign language interpreter.

Send the form

Send your documents to HM Courts and Tribunals Service, not to the DWP. The address is on the form. You should include the following:

the completed SSCS1 forma copy of your Mandatory Reconsideration Noticeany further evidence you have, although you can send this later

Post your appeal documents by recorded delivery if you can. Otherwise go to your local Post Office to post it and ask for proof of postage. This can help you later if the tribunal service says you didn’t meet the deadline or if the letter gets lost in the post.

HM Courts and Tribunals Service will check the form and then ask the DWP for their response within another 28 days.

HM Courts and Tribunals Service will send you:

a copy of the DWP’s responseinformation about what happens nextdetails of when and where the hearing will be (if you’ve asked for an oral hearing, rather than a paper one)

Next steps

Challenging a PIP decision- the tribunal hearing

[NickyNoo24 in reply to NickyNoo24]

The above is copied from CAB website

[Hidden in reply to NickyNoo24]

Thank you so much for your help I really appreciate u kind help

I just don't understand how my condition is worse medication increased and they stoped it it has caused so much stress

I will contact them now fingers crossed thank u for taking the time out for your help

X

[NickyNoo24 in reply to Hidden]

I can not understand most of the ways the system works to be honest. My best friend works for DWP in the Job Centre and she gets so angry at all I have to do to get a little help. I have other friends with children so severely disabled and yet they have to routinely reapply and list just how limited their child's life is and how they can not feed or toilet themselves. It is so messed up. Should just be a box that says no changes/improvements.

[NickyNoo24]

Best of luck xx

[NickyNoo24]

No worries at all. It is an absolute minefield tgat I am dreading having to enter at somepoint. I know I am basically at the bottom of the transfer list but they'll come for me soon enough. Best of luck and stay resolute.

[Lupiknits]

The only thing I can add is that the Welfare Rights Adviser from my council was invaluable in helping me get PIP after DLA. She even wrote everything for me (truthfully, of course, knowing the right way to phrase it). Worth trying if your council has one? Don't give up x

[Hidden in reply to Lupiknits]

Hi thank u I won't give up I just don't understand how my condition has got worse tablets increased yet they stopped it

I will take all the advise given and Thankyou everyone in advance x

[NickyNoo24 in reply to Lupiknits]

That's interesting. How do you get hold of them? The only number I have for my local council is to arrange sharps collections. I am absolutely dreading it and just so thankful I was put on an indefinite award.

[Lupiknits in reply to NickyNoo24]

Welfare Rights are usually found on your counvil's webpage. Not sure if all councils have them though.

[Mifford]

Were you reassessed before they took the award away? Ask them for the reason for the decision and a copy of the actual assessors notes to see what they are basing it on and then write within the stated time limit for mandatory reconsideration explaining why you disagree with their decision. The award decision should have had all of the information on explaining how to do this and what happens next. When requesting the mandatory reconsideration send as much medical evidence as you can at this stage - you want to try and put as good an argument as you can at this stage as all of this evidence will be forwarded to a Tribunal if you have to go down that route. I'd also agree to get help from the local council welfare officer (unfortunately my council doesn't have one) or a local charity or CAB to get help with wording everything.

Good luck and keep us updated