Need Help with filling in PIP appeal form after MR

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Hi all, 

Am devastated but not surprised that my MR has come back and there has been no changes to my original award, 0 points on everything based on a truly awful and inaccurate assessment report which I have put a complaint in about.  I will attend a tribunal as I know this is best but I need help how to word my grounds for appeal on the form. In my MR I discussed each descriptor I felt was applicable and gave evidence and information as to why I met that descriptor. I also included supporting letters from my son and my work colleague and also copies of letters from a psychiatrist I saw a year ago and the “ Let’s Talk “ service with whom I had CBT with last year yet these have been ignored. 

My assessment was carried out by a paramedic not someone in the mental health field and this person really didn’t understand my conditions. 

Any help or links to advice much appreciated. 

0 likes, 9 replies

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9 Replies

  • Posted

    Hi,

    Only 20% of MRs are successful, so i'm not surprised either that you have to go down the Tribunal route.

    As for how to word this then i'd advice you to get help from either your local CAB or other disability advice centre. The wording doesn't have to be long for this part, you just need to make sure that the SSCS1 form is received by the Tribunal within those 28 days. You also need to attach the MR decision letter to the form, without this they will refuse your Tribunal.

    Everything else you can do at a later date because you'll have plenty of time after the form is sent to send all the extra evidence and the submission letter. As long as it's sent to arrive within 10 days before the hearing then it's fine.

    There's no need to send any of the evidence that you already sent the DWP because the Tribunal will already have a copy of everything you sent, including the original PIP2 form. After you send the form you'll receive a pack with all of the details in and a reference number that you should use when sending extra evidence and the submission letter. Once you have the reference number you can ring the Tribunal and they'll tell you approx how long the waiting time is for your area. Expect a very long wait though i'm afraid. Some people are waiting 10+ months for their hearing.

    I'm afraid links can't be posted here but there's so much advice on the internet if you just google PIP Tribunal. CAB have advice online for this and turn2us also. Good luck.

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    • Posted

      Hi Denise, 

      Was hoping you would see my post. You say I’ll receive a “ pack “, what will this include?? Will it be everything from DWP? The reason I ask is that I’ve read about requesting a “ sar “ Subject Access Request from the DWP so that I have copies of everything they have regarding my claim. 

      Thanks xx

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    • Posted

      Hi,

      Yes you can ask for the SAR but i really don't see the point at this stage. The reason i say this is because the DWP will send everything you sent to support your claim to the Tribunal. They will also make their submission and try to stop the Tribunal, which you'll most likely see in the pack that arrives. They do this to everyone and is absolutely nothing to worry about because as long as you attach the MR decision letter to the form the Tribunal WILL accept your appeal.

      In the pack as i said will be everything you sent the DWP, so the PIP2 form, all the evidence, the assessment report will also be in there. This means at this point asking for SAR would be pointless.

      Remember the Tribunal are totally independent to DWP and the assessment providers. The backlogs are huge don't be expecting a date anytime soon. I've heard that people are waiting 1 year, it really does depend where in the country you are.

      The good thing is they will listen to what you have to say and they won't rush you either. You do sometimes hear of bad Tribunals and people haven't been successful but not very often. The success rate has in fact gone from 65 to 70%, for those that appear in person of course.

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    • Posted

      Thanks Denise, 

      I certainly won’t be put off appealing by DWP. They’ve taken no evidence I sent in into consideration, merely going by assessment. Even in MR they have quoted things from assessment that I have disputed and actually formally complained to the Independent Assessment Company about. Managed to speak to a DM today and after a good half hour call and her looking through my file, she herself advised me to appeal on the grounds that my evidence has not been taken into account.

      Linsey

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    • Posted

      Most MR decisions are copied and pasted from the original decision believe it or not. Good luck!
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    • Posted

      I can believe that alright.. Apparently they did send my additional evidence to HP however he stuck by his report, is it just me or is it obvious he wouldn’t change it as that would mean admitting he gave an inaccurate account of my f2f in his original report??? Really beggars belief xx
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    • Posted

      I really can't answer that question, sorry. Saying that, can you really believe that it was sent back to the HCP? i'm not sure i do.  All i know is only 20% of MR decisions are successful and that's a very low percentage.

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  • Posted

    .ca will help you but join the wait for the tribunal been waiting for a date since Nov you have a month to appeal
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    • Posted

      Thats awful !!! 

      Surely if if the appeals are taking that long it must show that there’s something wrong with the whole award process, especially as 65% of these tribunals go in the claimants favor. 

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