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DWP Phone call mandatory reconsideration rejected

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6 years 4 months ago #203530 by Peter Parker
Replied by Peter Parker on topic MR rejected now planning tribunal form
I have been working on my tribunal case and picking apart the inaccuracies on my medical report. I think it's finished now and fills 3 pages of A3 typed. If I were to send off the SSCS1 form with brief information in Section 5, should that show counter arguments or plainly that i disagree with such and such without saying why I disagree and just bullet point them? Would brief points be accepted by the tribunal service and would they take into account the further information as important and as essential to my case? How would I send the further detailed information after I have received the DWP tribunal ? Would I need to also write a covering letter with all my relevant details as well? I am planning not to attend the tribunal as I cannot face it and it will be far away. I didn't last year and was successful, although I did send all of my case with my SSCS1 back then.

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6 years 4 months ago #203540 by Gordon
Replied by Gordon on topic MR rejected now planning tribunal form
Peter

You should not need to include more than a sentence for each activity that you have not scored the points you expected for .

If you are opting for a Paper Appel then you will have 4 weeks from the date on the letter accompanying the DWP submission to prepare your own submission and for the Tribunal Service to receive it.

I would create your submission in a similar format to the ESA50, what you are looking to do is provide a definitive statement on why you meet the criteria for the SG. Try and avoid making the panel have to look through all of the evidence for something you have written before, so consider copy/pasting it in to your submission, but it is worth your including a reference to the original entry so that they can see what was included on the form.

So sit down with your ESA50, the Assessment report and our ESA Claim guides and go through each activity one by one.

It's important to deal with the issues in the report but remember you will only be put in the SG by showing that you meet the criteria, so that must be your primary focus.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: geordie52

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6 years 4 months ago #203542 by Peter Parker
Replied by Peter Parker on topic MR rejected now planning tribunal form
Thanks Gordon. I do not see where the points i have or have not scored are on either the MR rejection or medical report. Its quite confusing.

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6 years 4 months ago #203548 by Gordon
Replied by Gordon on topic MR rejected now planning tribunal form

Peter Parker wrote: Thanks Gordon. I do not see where the points i have or have not scored are on either the MR rejection or medical report. Its quite confusing.


There should be a code for each activity that indictes the assessors recommendation, so the Moving around activity it is a "W" folowed by a, b,c,d or e for the Descriptor. There should be a code for each of the 17 ESA activities.

If you qualified under Regulation 29, Substantial Risk for the WRAG, then it may be that they are all marked as "Something a".

Gordon

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

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6 years 3 months ago #203646 by Peter Parker
Replied by Peter Parker on topic MR rejected now planning tribunal form
I received my points sheet and got 9 points in total and regulation 29. I've put together my response and its quite good i think. Would i need to send to the tribunal service all the documentation such as medical information that i already sent with my original esa application to DWP? I read that i do not need to do that, but i'd rather check with the informed people such as Gordon before i post anything. Thanks

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6 years 3 months ago #203651 by Gordon
Replied by Gordon on topic MR rejected now planning tribunal form
Peter

The DWP's submission that you will receive when your appeal is accepted by the Tribunal Service will include all of the documents used in the making of the Decision and should include at the least, your claim form and any documents you attached, the assessment report and your MR request.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Peter Parker

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