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5 years 1 month ago #226156 by Gordon
Replied by Gordon on topic PIP MR
WigglyWooWoo

You will need to show that you suffer "overwhelming psychological distress" and it is this that prevents you from following a route.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 6 days ago #227534 by Chris
Replied by Chris on topic PIP MR
Gordon,

My MR was received by the DWP 4 weeks ago and confirmed received by a text sent by them. I'm looking ahead, in case I need to appeal.

Do you know if everybody receives a mandatory reconsideration phone call at some point?

I wonder if such a phone call can do more harm than good to an application. If I am caught at a time where my cognitive abilities are bad, my responses could be far from accurate. Do you have any comment you could offer about that?

When it comes to the appeal, I'm looking to download now the SSCS1 form - ready just in case. Is all the information I provided for the MR (approximately one page submission for each of the 6 activities, plus GP and specialist letter) to be included again in the SSCS1 form?

FInally, I read a few times that one can get a representative for the hearing? I'm thinking of going with a close friend who knows my conditions well. I have no law background, is it a bad idea to represent myself? (saying the words alone fills me with anxiety)

Thank you
Chris

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5 years 6 days ago #227546 by Gordon
Replied by Gordon on topic PIP MR
Chris

There is no legal requirement for the DM to contact the claimant during an MR and it is extremely rare for them to do so.

If you receive a call and don't feel up to taking it then just say that you can't talk at that time and ask if you can arrange a time that would be convenient for both of you.

On balance taking the call should be to your advantage as it allows you to answer the specific question of the DM rather than having to second guess what they are thinking on paper.

Gordon

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

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5 years 5 days ago #227623 by Chris
Replied by Chris on topic PIP MR
Gordon,

Many thanks for answering to the first part of my message.

Are you able to offer any advice for the 2 other questions in the rest of that message? I have copied and pasted below the original text.

When it comes to the appeal, I'm looking to download now the SSCS1 form - ready just in case. Is all the information I provided for the MR (approximately one page submission for each of the 6 activities, plus GP and specialist letter) to be included again in the SSCS1 form?

FInally, I read a few times that one can get a representative for the hearing? I'm thinking of going with a close friend who knows my conditions well. I have no law background, is it a bad idea to represent myself? (saying the words alone fills me with anxiety)

Chris

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5 years 5 days ago #227631 by Gordon
Replied by Gordon on topic PIP MR
Chris

You need to provide your reasons for the appeal on the SSCS1, for each activity that you disagree with the points awarded. If this was done on the MR request then you should be able to use it but you don't have to give detailed reasons and there can be an advantage on waiting to do this until you have received the DWP submission.

Most claimants represent themselves at a hearing but if you are able to find a trained advisor to do this for you then it is usually an advantage. Whilst a Tribunal is convened under similar rules to a civil or criminal case it does not operate in a similar manner, there is no presentation of the "defence" and "prosecution" cases, the panel just ask the claimant questions, although you will have an opportunity to raise any issues that you do not feel have been covered.

The following video is for ESA and is obviously stage but it will give you an idea of how a Tribunal operates.

MOJ Video of ESA Appeals Process and Tribunal

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 11 months ago #229208 by Chris
Replied by Chris on topic PIP MR - Small victory
Gordon,

After my MR, I heard today that I was granted standard Mobility, from nothing at all. It is a small victory, especially at the MR stage.

However, it appears that the other 5 descriptors I believe I meet, and that have strong supporting evidence, have been ignored.

I know of several people who were successful at the MR stage, but were only awarded standard rates. They filed an appeal, and, within a couple of months, received a call from the DWP stating they had reconsidered the application. They were offered enhanced for both.Does it sound like: if you give up, we, the DWP, save money, if you carry on, we just reinstate your money. The DWP can't lose. Pardon my cynicism!

The picture that I see, is of a DWP that gives as little as they can get away with, in the hope that people give up. So even if the MR success rate is 19%, it really is misguiding. How many of those 19% have been awarded well below what they deserve.

My plans are to wait for the confirmation letter, then file an appeal, and, who knows, I might get a call from the DWP before a hearing.

My question is: if I appeal, will the DWP continue to pay the MR award until the hearing decision?

Many thanks,

Chris

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