Starting the pip tribunal process

Hi Em

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

You can make a paper appeal using a form called SSCS1: assets.publishing.service.gov.uk/media/6.../SSCS1_0821_save.pdf

Don't forget you can add extra pages if needed, don't forget to number them.

Gary

Hi Em,
In addition to the paper form, you can appeal online. If you Google online SSCS1 you will find the form. If you do this and give either your email and or phone number you will get n notification that the appeal is lodged.
If you use the online form, write out your Grounds of Appeal on a separate page as there is a weird formatting glitch if you just type in the box. You can save the Grounds and then upload on the documents section.
Normally the tribunal will use DWP scoring as a starting point. However if you feel that eg DWP should have scored 4points instead of the 2 actually awarded it is important to say so and say why.
The Tribunal 'need not consider anything not raised in the appeal' but they do need to consider matters you have raised. Whilst the tribunal may well review all of the points awarded, it is very unlikely that they would remove or reduce points. If that did occur, and the tribunal hasn't added on other points, then they would have to give a warning - this would then allow you to consider withdrawing the appeal. A lack of warning would be an error of law and hence it is likely you could make a further appeal. For a paper hearing I suspect that the case woukd be adjourned and a Directions Notice would be sent out requesting you to respond about possible reduction of points/reduction of existing benefit as a result.
Are you sure you want a paper hearing? If you can't attend at the courthouse, what about phone or video format? Seeing and or hearing a claimant during the tribunal case is important and can help the claimant both put his case and crucially win the case. Also friends and or family can also give evidence on your behalf. They can sit through the hearing and support you too.
If you decide upon a paper hearing drafting a comprehensive 'Grounds of Appeal' will be very important. Have you obtained a copy of the assessment report (PA4)? If not get this now, even if your deadline fielding the appeal passes, this is more important and you can enter a late appeal.
With the PA4 try and formulate 4 or 5 bullet points that illustrate the worst inaccuracies in the report,give examples of why. Don't nit pick every error as your appeal will lose focus. Write the bullet points out, and then incorporate these into the Grounds.
I normally set out in a short paragraph the history of the case and what you are appealing. Short and factual no explanation here. If you have has this benefit before and DWP have reduced your points/award sadly so thus is important. This will be called a Supersession case. Then 2 or 3 paragraphs about your health as an overview, and generally about how your disabilities affect you.
Now insert the bullet points you have drafted earlier.
Finally go through each descriptor- if you agree with DWP points briefly say so and move on. Otherwise describe why your disability meets the descriptor ( if 2 or more in the section apply equally then the higher score is correct) and give what points should be scored. Repeat for each descriptor. To end. A brief concluding paragraph, saying no more than 2 lines summing up that you have significant disability and as evidenced above you should receive eg standard daily living and enhanced mobility.
Include name and NI number on all pages. Upload.
If you have already uploaded medical evidence refer to this as you criticise the report and say thus has been sent in and ignored. New med evidence or statements confirming your disability from family or carers can also be uploaded. Keep copies of everything. But if you do the online version it should be saved anyway, but always good to keep copies.)
Late appeal- actual you can lodge an appeal up to 13 months after MR decision date. However you woukd need to show good cause, and have a brief paragraph included at the beginning of your Grounds or in the online text box to explain this. Awaiting a copy of the assessment report or a medical report could amount to good cause. Also your own illness bereavement etc and taking legal advice and no earlier appointment available. The later the appeal the more cogent the reason!
All of this can also be done in a similar manner via a paper form downloaded and sent off.
Once the appeal is lodged after about 4 to 6 weeks you will get a copy of all the papers, (appeal bundle) the Tribunal have this too. Then it's just a case of waiting for a date. There is likely to be less delay for a paper hearing.
I hope this helps.
LL26