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SSCS1 form questions
- Samralee
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7 years 11 months ago #157848 by Samralee
SSCS1 form questions was created by Samralee
I'm trying to compose my husbands appeal and filling out the SSCS1 form. My husband was awarded standard rate for care and nothing for mobility. We did a mandatory reconsideration and they amended it to enhanced rate for care, but still nothing for mobility. My husband and I both feel we should appeal the mobility decision. However my question is about the grounds for appeal section of the form. Should I just fill it out and focus on the mobility aspect or should I go through and list all the points that were wrong in the care section as well, even though he has received enough points for the enhanced rate of care? My husband is feeling very angry that they are awarding him points as low as they possibly could and wants to "fight" back for every single point. I am not sure if we should.
My other question is when do we receive the copy of the medical that was done by Atos?
Sorry, another question I have is, should we state in the grounds for appeal any problems we had during the medical? For example when we went to the medical I was speaking for my husband, but the gentlemen interrupted me and said that if my husband didn't speak and answer all the questions he couldn't assess him and basically implied he would lose his benefit as he would fail the medical. My husband then felt he had to answer the questions and suffered greatly during and after the assessment.
Thank you for your help.
My other question is when do we receive the copy of the medical that was done by Atos?
Sorry, another question I have is, should we state in the grounds for appeal any problems we had during the medical? For example when we went to the medical I was speaking for my husband, but the gentlemen interrupted me and said that if my husband didn't speak and answer all the questions he couldn't assess him and basically implied he would lose his benefit as he would fail the medical. My husband then felt he had to answer the questions and suffered greatly during and after the assessment.
Thank you for your help.
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- Gordon
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7 years 11 months ago #157870 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic SSCS1 form questions
Samralee
You can ask for only the Mobility component to be considered. The appeal panel are entitled to look at the Daily Living award as well, but the judge must warn you if there is any risk to this part of the award.
So you don't need to mention where you have concerns about the DL points awarded, but if your do then they will look at it from scratch..
The assessment report is not sent out unless requested, you should contact the DWP office that dealt with the claim, this can be done by phone but I would recommend following up the request in writing. Alternatively, you can wait for the DWP submission to be sent to you as part of an appeal, this will include a copy of the report.
An appeal panel will have limited interest in any problems that your husband had at the assessment, an award will only be made by you showing that he meets the criteria for one.
Make sure that you fully understand the criteria for a Mobility award by having a look at our PIP Claim guide.
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
You can ask for only the Mobility component to be considered. The appeal panel are entitled to look at the Daily Living award as well, but the judge must warn you if there is any risk to this part of the award.
So you don't need to mention where you have concerns about the DL points awarded, but if your do then they will look at it from scratch..
The assessment report is not sent out unless requested, you should contact the DWP office that dealt with the claim, this can be done by phone but I would recommend following up the request in writing. Alternatively, you can wait for the DWP submission to be sent to you as part of an appeal, this will include a copy of the report.
An appeal panel will have limited interest in any problems that your husband had at the assessment, an award will only be made by you showing that he meets the criteria for one.
Make sure that you fully understand the criteria for a Mobility award by having a look at our PIP Claim guide.
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Samralee
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- Samralee
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7 years 11 months ago #157932 by Samralee
Replied by Samralee on topic SSCS1 form questions
My husband definitely qualifies for mobility standard rate at the minimum, although I feel he should also be entitled to the enhanced rate as well. He had an indefinite DLA award with the lower rate for mobility because of his mental health and Asperger's. He does not leave the house without me being with him.
I only asked about disputing points because when I was reading the guide for filling out the form the examples of letters show the points they were awarded that they agree with and the points they were awarded that they disagree with. After reading that, we were unsure if we should list all the problems with the points he was awarded or if we should just list the problems with the mobility side of it.
In the PIP appeal submission .pdf in the "Sample Written Submissions" on number 5 it states "Explain in detail why you think the decision is wrong and what the right decision is for a disputed activity by using steps 5a-e below." This is why we were unsure of whether or not we should dispute every descriptor, or just the mobility ones.
I really do appreciate your help. Thank you Gordon.
I only asked about disputing points because when I was reading the guide for filling out the form the examples of letters show the points they were awarded that they agree with and the points they were awarded that they disagree with. After reading that, we were unsure if we should list all the problems with the points he was awarded or if we should just list the problems with the mobility side of it.
In the PIP appeal submission .pdf in the "Sample Written Submissions" on number 5 it states "Explain in detail why you think the decision is wrong and what the right decision is for a disputed activity by using steps 5a-e below." This is why we were unsure of whether or not we should dispute every descriptor, or just the mobility ones.
I really do appreciate your help. Thank you Gordon.
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