How much detail do I submit with SSCS1

I am preparing my submission for appeal (mandatory reconsideration did not reverse 0 points).

I had my hour and a half assessment recorded and am going through it with a fine tooth comb.

There are so many issues I want to raise, for example,

1) neurological side of my condition not considered
2) arthritis in hands actively ignored by hcp who changed the subject every time I mentioned it
3) lower limb physical in chair was reported as normal when I can be heard telling her what was causing me pain
4) Was badgered into discussing non relevant problems i.e. hayfever, diabetes etc.
5) HCP even states she reviewed a document which does not exist

The list goes on.

I am trying to be as succinct as possible but it still amounts to about 6 pages - is this too much?

I am attempting to discredit the advice the HCP submitted to DWP and therefore show that it should not be relied upon.

Any advice welcome.

alemap59 wrote: I am preparing my submission for appeal (mandatory reconsideration did not reverse 0 points).

I had my hour and a half assessment recorded and am going through it with a fine tooth comb.

There are so many issues I want to raise, for example,

1) neurological side of my condition not considered
2) arthritis in hands actively ignored by hcp who changed the subject every time I mentioned it
3) lower limb physical in chair was reported as normal when I can be heard telling her what was causing me pain
4) Was badgered into discussing non relevant problems i.e. hayfever, diabetes etc.
5) HCP even states she reviewed a document which does not exist

The list goes on.

I am trying to be as succinct as possible but it still amounts to about 6 pages - is this too much?

I am attempting to discredit the advice the HCP submitted to DWP and therefore show that it should not be relied upon.

Any advice welcome.

Hi am59,

From your previous topic : Here, I will assume that this appeal is regarding an adverse ESA fit for work decision.

Although it will invariably help with your appeal if you can discredit the Assessor's Report, doing this alone would not necessarily result in you receiving the correct ESA Award.

It could simply result in The Tribunal making directions that a fresh face to face should take place.

You should also go into detail of how and why you score at least the minimum requisite 15 points across : The WRAG (LCW)Schedule 2 Descriptors and/or qualify for The Support Group (SG) by qualifying under at least one of : The SG (LCWRA)Schedule 3 Descriptors

Entry to The WRAG can be gained under The Exceptional Circumstances Rules if you CANNOT qualify under the "Functional" descriptors above.

This would be via :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From : www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

Or

ESA Reg 35 for entry to The SG (LCWRA)

You should review our : ESA Claims Guides which explain how best to explain how and why you qualify.

You should also read through our : ESA MR/Appeals Guidance.

See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

&

MOJ Video of ESA Appeals Process and Tribunal

Reverting back, you could draw attention to discrepancies in the Assessors Report whilst at the same time posing your argument as to why the Assessor's recommendations are errant.

e.g. " 1) neurological side of my condition not considered" even though I presented evidence at page xx of my ESA50 (and/or added A4 pages) or at document xx in my bundle which confirmed that I have been diagnosed with this condition.

I gave details/evidence of how the limitations as a result of this medical condition affects me when trying to carry out Activity xx Descriptor xx of the WRAG/SG qualifying Descriptors and therefore feel that I should be awarded xx points/ (for WRAG) and/or qualify under SG Activity xx.

You could do this in your own words for each of the Descriptors that you feel that you qualify under, whilst referring to the corresponding errant recommendations of the Assessor.

The bulk of your evidence should be included in an Indexed "bundle" where the pages and paragraphs are numbered in sequence, e.g. page 1 of 10, 2 of 10, 3, of 10, etc, etc, etc.

At the front of your bundle before the index, you could type up one or two pages of A4 in bullet point form highlighting the actual number of the WRAG/SG Activity/Descriptor and how many points you think that you should be awarded or for SG, simply that you feel that you fulfill it.

Reference each bullet point to a Page/ Paragraph in your bundle.

When the Tribunal gain first sight of your one/two page submission it will be clear to them which descriptor/s you feel apply to you, they can then refer to the relevevant page/paragraph for evidence of how and why you feel that they apply to you.

The easier you make it for them, the more chance of success.

Initially you can lay your appeal out in The SSCS1 Form in a brief summary explaining that you are going to forward more evidence to them ASAP.

You can safely submit fresh evidence right up until around 14 days before the hearing date, so there should not be a problem.

To reiterate, don't get side tracked into going in depth into the discrepancies in the Assessors Report alone, this will not necessarily give you a WRAG or SG Award !

bro58

Thanks for all this info - I'm too tired at the moment to absorb it all but it makes good sense and at least it might take a bit of the pressure off at the moment by just giving a brief summary and submitting further evidence at a later date.

Need to sleep but thanks again

alemap59 wrote: Thanks for all this info - I'm too tired at the moment to absorb it all but it makes good sense and at least it might take a bit of the pressure off at the moment by just giving a brief summary and submitting further evidence at a later date.

Need to sleep but thanks again

O.K. am59,

You might want to Bookmark/Favourite this page in your browser so that you can find it again easily !

bro58