mazoo
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Letters from DWP/ Atos sent to wrong address
mazoo replied to Wicked_witch's topic in Benefits and HMRC
As bee said WRO is Welfare Rights Officer, sorry. In my experience attacking the competence of the assessment provider (ATOS or Capita I presume) is probably not going to help you win the appeal. Even caselaw has gone against us lately. I would stick to pointing out why points ought to have been awarded and reference pertinent sentences from any supporting medical evidence on the SSCS1. Was it a zero points decision or did your daughter get some points? -
Letters from DWP/ Atos sent to wrong address
mazoo replied to Wicked_witch's topic in Benefits and HMRC
As a WRO more interested in the grounds you are seeking Man Recon/appeal. Just had a case where ATOS has my client's address recorded incorrectly and DWP didn't, sonever surprised by the pair of them.5 -
Also meant to mention that there is a thing called a 'Can't Wait card' which is available through the IBS Network and for a small fee you get a Radar key which may help in lots of venues. I know it doesn't guarantee JC+ let you use the loo, but it probably will. I have clients who have used it.
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It seems to me I spend loads of my time re-doing SSCS1s that have been completed in such a way that they are only heading in one direction - tribunal. Doing an SSCS1 that doesn't address the particular descriptors gives you no chance of winning at this point in my opinion. Any WROs out there want to disagree, feel free, but would love to hear the argument. Explain which activity and descriptor applies and if you have evidence from GP, Consultant etc, reference it directly on the SSCS1 and send to HMCTS.
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Take it you've called ATOS or Capita to request an expedited appoinment?
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Working as a WRO I'm all too aware of the rubbish DWP are dreaming up, but unless they do actually implement the change you describe I will keep advising clients as I have done for some while. I stillthink the best bet would be to get your local CAB to make the app.
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I was unaware there was a change coming in. Can you point me to a link for it?
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Estellyn, What changes are you referring to in April?
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I have just been through a rapid reclaim for a client based on it being 6 months from the original decision. I would go back to your local CAB and get them to do the reclaim for you.
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Hi MW, Are you being represented, by CAB or your local welfare rights team? Even if they can't go with you to the hearing they will almost certainly put together a submission for you. To clarify something posted earlier; you can introduce evidence at the hearing itself if you choose. The reason for sending evidence earlier, usually with your submission, is to give HMCTS a chance to change the decision without progressing to a hearing.
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My experience with my clients and our local JCP is that they will scan them for you, but not perhaps true everywhere. And, yes, you can make a new claim 6 months after the earlier decision.
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I've worked with quite a few clients on their PIP apps and to a person they found a home assessment far less stressful than what many of them have experienced for WCA for ESA. Try to remember to paint a picture of how you really are. Try not to let pride get in the way of a possible award. Remember, if it comes to it, what you say at the assessment will form the basis of the argument later on if you need to seek mandatory reconsideration/appeal. I'd also advocate yes or no answers on the whole. And try to say things like 'All my days are bad, some are worse however' and 'Whatever distance I walk I am in considerable discomfort.' And if poss have a friend there with you for moral support.
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Depending on where you are in the country will dictate how easy it will be to gain what I take it you mean is a disabled person's travel pass. Usually, if you have a letter from DVLA confirming you are not allowed to drive for medical reasons that will do it. In addition getting either rate of daily living for PIP often gets you a plus one on your travel card allowing another to person to travel with you for free - a bit like the cinema plus one scheme.
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Seems to me your challenge should be the continence issue where you appear to have a solid argument. Also, the DM is not allowed to make decisions that appear not be reasonable, so I would therefore also argue the DM erred by not taking into account the RMP's statement you were unlikely to be able to work for two years.
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RMW is correct re the points. You need 15 points to be placed in the ESA full stop. To be placed in the Support Group you need to meet one of the descriptors in the limited capability for work related test, which are different to the WCA. However, would guess you have one or two issues that got you the 15 points in the first place, so concentrate on them and see which of the activities/descriptors may apply. Also, bear in mind reg 35 may apply. This is a catch-all relating to the potential problems for a person or others if they were deemed fit for work related activity. Without knowing where you got points it's difficult to say exactly which activity will apply for work related activity.
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