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EAS Taken out of support group after assessment MR

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5 years 5 months ago #222421 by alesypalsy

Gordon wrote: The PIP ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2 ESA50, the assessment report and the PIP ESA Claim guide to see how you might show this is the case.

You can opt for an Oral hearing that you attend or Paper one that you don't, I would opt for the former for the moment, you can always change your mind at a later date.

Gordon


Thank you for advice here , I spent a lot of yesterday and last night along with today writing my appeal letter, I am just wondering because I have written so much stuff now , would this be detrimental for my case if I send off the appreal with all this written in now? I have basically put everything down on the letter that the reasons I should be in support group along with descriptions etc,,
I was thinking that this was the way to do it until I saw your post above that mentions I do not need to provide detailed stuff at this point? would if be best to not send this much info yet ? or just send the lot and await the court date, its basically my full appeal unless anything else happens ,
thanks

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5 years 5 months ago #222427 by Gordon
alesypalsy

It's your choice, you can either submit a detailed request for an appeal, or a basic request for appeal and then a submission later.

The advantage of a submission is that you can deal with any issues that are raised when you receive the DWP's one. I'm not a great fan of having to provide multiple statements to the Tribunal Service, it opens the door to your contradicting yourself.

Gordon

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

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5 years 5 months ago #222434 by alesypalsy
So it would be a case of me sending short letter of appeal, then awaiting for dwp response ,

After I have read the dwp response , then me sending in the full statement,
From there awaiting court date ,
If I would win this appeal would the money I had stopped the day they put me in WRAG be reimbursed? £30 a week
Lastly is there any chance of the dwp changing mind before tribunal or is that wishful thinking
Many thanks Gordon

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5 years 5 months ago #222435 by Gordon
alesypalsy

Yes, you can just send in the SSCS1 form and then a detailed submission later.

If you win your appeal then any missed money will be paid.

There is always a chance that the DWP will revise their Decision but it is rare for them to do this.

Gordon

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

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5 years 4 months ago #222547 by alesypalsy
Gordon, I have just been going through my assessment report about my esa, I believe I should of not been removed from the support group already, please look below

activity 16 engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the individual
CSb

Is this alone not enough to have had me stay in support group and the DM has overlooked this?

if it is a mistake can I get it sorted out without an appeal?
thanks

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5 years 4 months ago #222549 by alesypalsy
Here is the copy from the support group descriptors
seems I should never have been taken out the support group

13. Coping with social engagement due to cognitive impairment or mental disorder.
Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.

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