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7 years 11 months ago #159437 by Gordon
onice

Appealing or not is a decision that only you can make. It will be stressful, especially if you elect for an Oral Hearing that you would attend, however, they will look at your claim from scratch and the success rate at appeal is a lot higher than at MR, so there is a realistic prospect of your receiving an award.

Alternatively, you can make a new claim for PIP, this will have the advantage of allowing you to take your current health into consideration which an appeal cannot.

If nothing else you might want to make a formal complaint about the time that it has taken for the DWP to complete the MR.

Complaining to the DWP

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 11 months ago #159451 by onice
Thanks, Gordon.

Appealing is something I will have to think about, I will read through what it involves to get a clearer idea if I am able to go through the process.

I thought that the fact that I am still significantly restricted/disabled from the time I applied (6 months ago), and they consider the previous 3 months (totalling 9 months) would indicate that this is a long-term problem I am dealing with.

I need to read up on what I can do next, seems like a scary process. Will look into advocacy services perhaps

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7 years 11 months ago #159479 by Gordon

onice wrote: Thanks, Gordon.

Appealing is something I will have to think about, I will read through what it involves to get a clearer idea if I am able to go through the process.

I thought that the fact that I am still significantly restricted/disabled from the time I applied (6 months ago), and they consider the previous 3 months (totalling 9 months) would indicate that this is a long-term problem I am dealing with.

I need to read up on what I can do next, seems like a scary process. Will look into advocacy services perhaps


This is all about showing that you meet specific criteria. I'm afraid it's not enough to have long term disability.

Do an internet search for "welfare advice" with your postcode, town or county.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 10 months ago #160120 by onice
I have just been going through the pdf file and am finding this so overwhelming. I am also starting to doubt whether I meet the criteria as that is confusing as well, I thought I explained how I meet the criteria.

I have never been involved in any kind of appeal/courts/legal stuff and find the whole thing scary.

I know there is a deadline, and read that if I submit my request to appeal, I can retract it if I change my mind.

I was wondering if I should put in the request to appeal now (in good time before the deadline) and then seek advice from someone who can perhaps represent me/look through my copies of the PIP form and Mandatory Reconsideration letters.

I'd like to check with someone who understands whether I am genuinely eligible (which I thought I was) and should therefore appeal, or whether the DWP are correct in their scoring (I don't believe they are). Are there trustworthy organisations who provide this service?

I'm not sure who I can trust for genuine advice and also where to find someone who will represent me. I have found some advice services in my borough but I don't know if I can trust them.

Also, I have just received an ESA medical assessment which is another thing occupying my mind at the moment - will appealing the PIP decision affect ESA assessment in any way?

Don't feel like I'm having much luck at all lately with ESA/PIP though I believe I fit the criteria.

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7 years 10 months ago #160149 by Gordon
Onice

Your difficulty will be getting quality advice, many advisor's cherry pick the claims that they will provide support for, but we have seen many members successful where an advisor would not provide assistance, so an advisor turning you down does not mean that you have no claim. It's also very difficult to find an advisor now as appeals to the First Tier Tribunal no longer receive Legal Aid.

In general I would say you have no reason not to trust the advice you will receive, the only word of caution I would offer is with the CAB, their front line advisors are usually very good but rarely have direct experience of appealing, but you may struggle to get past them to the more experienced advisors who do.

As to making the appeal, there is a potential for additional problems if you make the request outside of the month normally allowed, so I would avoid doing this if you can. You can withdraw the appeal up to and including the day of the hearing.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 10 months ago #161127 by onice
Hello,

I have no confidence whatsoever in going ahead with this appeal but am taking baby steps in order to fill in and send off this SSCS1 form before the deadline (next week).

I am reading through the Decision Maker's Reasoning on the second Mandatory Reconsideration.

It said:
- "we have received a letter from your Therapist detailing your difficulties" and
- "You are receiving specialist input from your therapist and you told us in your PIP2 questionnaire that you are making progress"


My last therapy session was in early November 2015.
This latest Decision Letter was sent in late May 2016

I am confused how they can use a letter from my therapist who I had not seen for 6 months and who would not be able to give an up-to-date/accurate description of how I was doing. I said I had made progress since seeing a therapist, but not that I was cured. I also said that my therapist advised a "therapy break" to see how I got on without her - my progress in overcoming my problems has stagnated and deteriorated in other ways, this is what I expected might happen and I mentioned this to them.

A 3-month therapy break turned into 6-months due to waiting times, telephone assessments, therapist being away/having other clients. I eventually saw her for a review appointment in mid-May and following that she referred me to another Mental Health service, I am currently on their waiting list.

Is this something I could mention in my grounds for appeal? I'm not sure if they received a letter from my therapist after my review appointment with her (which should evidence that I need professional support) or before that (when she hadn't seen me for 6 months).

I am not receiving specialist support as I have been in limbo for 6 months, and am in limbo again now as I wait for an appointment with a new mental health professional.

I feel like they have twisted all my words.

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