Furious!

Hi Bud

I can feel your frustration 🤯 what stage are you at, when you say after 2 assessments, are we talking about mandatory reconsideration, if you are then the next stage is the appeal stage.

Have you requested a copy of the assessors report called a PA4, this will tell you how the decision maker has made their decision, you do need this report when appealing a decision.

Gary

Hi Bud,
I can also sympathise with your situation. I feel your anger! (And yes, feel free to vent!)
I assume that you are referring to a PIP claim? Am I also right in thinking this is a renewal (review) rather than 1st claim?
If it is a first claim then it is for you to prove you are sufficiently disabled. The rules are different on review. Now DWP have to prove. The standard of proof is always on balance of probabilities. If DWP change benefit (reduce or remove) this is called a Supersession. DWP will need to show an actual change of circumstances has occurred not just a different medical opinion. You mention about points you always got, which suggests you have had long term health issues. Focus on these - how can you show that your health hasn't improved? Increased medication, awaiting surgery etc decreases mobility all indicate worsening health. Taking the same strength pills etc all show continuing health problems at a similar level to before- again neither of these show improvement, so this is important evidence. Concentrate on things like this.
I'm a bit confused about how you are trying to appeal. The easiest way is to do this online- if you Google sscs1 online this will show the online SSCS1 form that you can fill out. It's easy enough to fill this out- mostly just name address etc. You don't have to fill out much in the grounds of appeal section. It is enough just to say I disagree with my award I should have received X instead. However you can write legal arguments if you wish. If you do, then it is easier to type/write on a separate page and upload as there is a weird formatting glitch that eradicates paragraphs and spacing on the online form at this point.
For your grounds of appeal I usually start by saying what is wrong with the current award/points. Mention this is a Supersession if this incorrect. Then a paragraph or two detailing health problems and treatment etc as an overview.
Next a paragraph or 2 about the failings the reports. Use bullet points 4 or5 - to explain the major criticisms. Give examples.
Then go through each descriptor- have in mind what points you shoukd have scored and explain this. The members guides will help here if you are unsure. State the points. Remember if 2 or more descriptors from the same set apply equally the highest value should be used. Say this as appropriate. (Regulation 7)
Remember to think about the 4 'reliability' criteria
Safety
Reasonable time
Repetition
Acceptable standard
All have to be fulfilled. - Reg.4(2A)
If you do the online appeal you will normally get a text notification within s few hours or sometimes immediately confirming the appeal is lodged.
After about a month you should get sent an appeal bundle this should include all decisions, claim or renewal form, assessments, and all other documents sent in. You shouldn't have to send in the PA4 as this should be in the bundle when it arrives - if not contact the tribunal and ask them to contact DWP did these to be included.
I hope this helps.
Good luck.
Let us know how you get on.
LL26