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5 days 12 hours ago #305049 by lorrainevb
PIP Appeal was created by lorrainevb
Hi I did a reconsideration request for my Daughter as she is ASD/ADHD and went from high rate care to no points. She was again refused. Does that failed reconsideration not go to appeal or do I need to request this? she has told me she spoke to them on the phone and was advised she has 13 months to Appeal. Do I simply ask for it to be forwarded to Appeals?. Thanks

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5 days 4 hours ago #305062 by LL26
Replied by LL26 on topic PIP Appeal
Hi lorrainevb,
You have to lodge the appeal yourself, it doesn't happen automatically.
If you Google 'online SSCS1' this will give the page where you can fill out the online form and lodge this directly.
I normally type the Grounds of Appeal and upload as a separate document because there is a weird formatting glitch where everything comes out in a big long paragraph with no breaks.
The information about the 13months time limit isn't strictly true. That is the absolute time limit. Similar to doing a Mandatory Reconsideration- you have 1 month to lodge the appeal. However you can lodge a late appeal only if you can show a very good reason . Without such reason you won't be allowed to appeal.
I suggest you try to lodge the appeal ASAP to avoid any problems. Moreover, since it can take several months to get the appeal heard, if you enter a late appeal you will be creating more delay.
I normally write the Grounds of Appeal as follows. A paragraph or two about the illnesses and disabilities. Then if you have already seen the Assessment report- try and condense the criticisnsinto 4 or 5 bullet points, rather than nit pick eveything. Give examples. Then you can go through each descriptor and say if you agree or not with DWP.Then explain what points shoukd have been awarded and why. You can have a more focused criticism of the assessment here.
The other important point here is to make it absolutely clear to DWP that this is a Supersession case. (Legal term for a change of benefit.) However DWP can only change benefit if there is an actual change of circs. In the opening paragraph of the Grounds of Appeal make it clear that your daughter has a lifetime condition and nothing has changed. (Assuming this is indeed the case!)
If you haven't got the assessment report don't worry, you can proceed without it. You will get a copy within the appeal bundle that gets produced by DWP about 4 to 6 weeks after the appeal is lodged.
I hope the helps.
LL26

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

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1 day 8 hours ago #305310 by lorrainevb
Replied by lorrainevb on topic PIP Appeal
thank you for the information I am going to do a late appeal on grounds she was told 13 months. I am in poor health myself and she cannot do this due to her condition. I should have checked as I knew it had always been 4 weeks
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