PIP claim Appeal help please

Hi all,

First time poster and I have to say this forum is a lighthouse in a stormy sea.

I subscribed just after my face to face with an ATOS health professional, if only I had sooner
The decision awarded me 6 points for day to day and 0 for mobility.

Using your forum information, I put in a reconsideration request. This came back advising based on medical reports and HP observations the decision was unchanged.
The HP never examined me, at the time, so I am not sure how she decided my diaphragm and lung issue wasn't a mobility issue.

I will be using the forum material to place an appeal and the DWP were called on 19/05/15 requesting the ATOS health professionals report.
For some reason they sent the Mandatory request report again, including a copy of my request.

They were called again today, once again requesting the ATOS report, I can't see how I can appeal without knowing what I'm appealing against. I was told they don't know how long it will be before it is sent I should make the appeal, is this correct ? Is there a time scale ?

I will be sending a letter to the DWP confirming my request and a separate one to complain that they have caused an uneccesary delay in me making my appeal.

I'd appreciate any advice on glaring mistakes that I'm making in going through this process.

Jgaz wrote: Hi all,

First time poster and I have to say this forum is a lighthouse in a stormy sea.

I subscribed just after my face to face with an ATOS health professional, if only I had sooner
The decision awarded me 6 points for day to day and 0 for mobility.

Using your forum information, I put in a reconsideration request. This came back advising based on medical reports and HP observations the decision was unchanged.
The HP never examined me, at the time, so I am not sure how she decided my diaphragm and lung issue wasn't a mobility issue.

I will be using the forum material to place an appeal and the DWP were called on 19/05/15 requesting the ATOS health professionals report.
For some reason they sent the Mandatory request report again, including a copy of my request.

They were called again today, once again requesting the ATOS report, I can't see how I can appeal without knowing what I'm appealing against. I was told they don't know how long it will be before it is sent I should make the appeal, is this correct ? Is there a time scale ?

I will be sending a letter to the DWP confirming my request and a separate one to complain that they have caused an uneccesary delay in me making my appeal.

I'd appreciate any advice on glaring mistakes that I'm making in going through this process.

Hi Jg,

Welcome to Benefits and Work Forum !

If you have received the actual Mandatory Reconsideration (MR) Notice letter, (there should be two copies) you only have one month from the date of The MR Notice to appeal directly to The Tribunal Service (TS) using the MR Notice and Form SSCS 1.

This is covered from page 11 (including an SSCS 1 download link) of our Guide to PIP Appeals on : This page.

See also : Sending Documents to the DWP or The TS.

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

&

How to write an appeal submission. DR UK

With regards to obtaining copy of The PIP Assessment Report, if you cannot obtain it via an oral request, you can do so using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP.

Do not miss your one month deadline to submit your appeal if the Report has not arrived, you should include all and any evidence that you have at the time, even if this means reiterating/repeating information that you have already provided for The MR.

You could add comment that you have had problems obtaining copy of the PIP Assessment Report, and that you have now issued a SAR, and that you will supply further evidence as a result of receiving the Report ASAP after receiving it.

You can safely submit fresh evidence to The TS until around 14 days before the hearing and you can even submit a single A4 page on the day.

bro58

Hi

Thank you for the prompt reply, I will get on the case and keep the forum informed of my progress.

Today I recieved a copy of the ATOS PIP consultation form. My appeal can be made with me being able to see what they have written, failed to write and in some parts just made up.

I will use the link provided for the appeal forms and let you know of my progress.