MR refused

Hi Kel,
Unfortunately too many claimants get reduced or zero points on review and lose benefit.
Firstly, have you got a copy of the assessment report PA4? If not, ring up DWP and ask for this.
Did you record the assessment?(No matter if not.)
Check the assessment report and see what you agree with. Compare this to the recording if you have one.
There are often several common problems with reports.
1. What you have said is correctly recorded, but the assessor uses excuses such as not on medication, hasn't visited GP for months etc to argue no points.
2. Assessor alleges you say things which weren't said
3. Hybrid of both problems.

If the assessor has correctly recorded, then you can argue the excuses, eg
I've been ill since I was 10 years old.
Have tried all medications but these disagree with me because...
GP gives me a yearly review he can't do anything- I'm on a waiting list to see the Consultant...

If the assessor has written incorrect information don't call him a liar, it's unlikely you can prove this, but he clearly didn't hear and/or misunderstood which you can say.

Group the errors into similar things. Pick the most important/crucial using four or five bullet points and give examples of why. (Some 'errors' perpetuate through several descriptors. ) Don't nit pick about individual spelling or grammar issues - but you can use the last bullet point to say that there are numerous spelling/grammar issues which suggests a lack of attention to detail, which is also illustrated by the fact that things that were said were not written down correctly.

Once you have sorted out your bullet points and examples then you start with the appeal. What I tend to do is to write the Grounds of Appeal all on a separate page and upload this. (There is a weird formatting issue with the online form where everything comes out in one huge paragraph and no gaps.)
Start the Grounds with a short paragraph about your illness/disability etc as an overview. Any surgery, major treatments.
etc.
For you, this will be a Supersession (legal term for change of benefit). It is important to mention this as DWP need to provide cogent reasons for changing the award. Mere receipt of the assessment report is not sufficient, DWP need to prove an actual change of circumstances has occurred.
You can explain that eg you have increased medication or pending surgery, more falls/fits etc. Xray to show increased arthritis. This will show worsening health to counter what DWP says. Remember to upload any recent medical reports etc, refer to these.
Then next part is your comments saying that the assessment is inaccurate - these are the bullet points etc you worked out earlier.
Finally go through the descriptors explain what points were awarded now, and what was previously awarded. Explain youtmr disability and what has changed or remained the same.
Here's an example
Dwp has awarded 2 points for needing an aid to cook. In 2021, DWP correctly awarded 4pts as I need supervision. I have very poor vision, due to X condition, without physical assistance I cut myself as I can't see properly. Last week when my partner was away I cut myself when the knife slipped. There was blood everywhere...hospital..
stitches...(explain)
Also because I have poor vision I drop things and this can lead to me scalding myself....


Go through each descriptor in the same way.

Then Google 'online SSCS1'
this should take you to 'appeal a benefit' form which is called SSCS1.
Fill this out. In the Grounds box just say eg DWP have reduced my benefit but my health circumstances have not changed. Please see attached document. (refer to the separate Grounds)
Upload the separate Grounds and any medical reports etc and submit.
You will get a text alert if you put in your phone number, and shortly(depends on time if submission,) you will get an acknowledgement.

After a month to 6 weeks or so, you will receive a bundle of papers. The tribunal will also get this appeal bundle.
Then it's a waiting game to get a hearing date.
Occasionally DWP do review appeal submissions and revise their decision.

You normally have 1 month to submit the appeal.
If you don't have the assessment report at present, you can submit your appeal without making specific criticism of the report, and then Wait the appeal bundle which will include the report and criticise it then.
Alternatively phone up for it, and if it is late, then make a late appeal, stating that you were awaiting the report and that amounts to good reason. If you show good cause you can put in an appeal up to 13 months late, but the later it is, the more difficult to show sufficient good cause.

To help deciding about the descriptor scores, you can go back and check the members guides.
I hope that this helps.
Good luck, let us know how you get on.
LL26

Hi VIA

Thank you for your post and your schedule which will help other members.

Gary