Hello all
There has been a change announced to the way appeals against ESA and PIP are dealt with. See the benefits and work new for the detail: http://www.benefitsandwork.co.uk/news/3555-28-september-2016-update
Essentially it seems the DWP are unhappy with the number of appeals that are held and particularly with the number where the claimant wins.
So their latest tactic is to change the rules about the way appeals are dealt with. This is how I see it:
- The right to appeal may be decided by a case officer, ie the decision as to whether an appeal is in time also the method of appeal that is most appropriate.
- More appeals will be decided ‘on the papers’, ie. in writing. And the decision as to whether this is appropriate is decided by the DWP.
- Even if you avoid the decision to have your appeal decided in writing, the DWP will be able to hold appeal hearings over the phone or by video conference. If they consider it appropriate.
- The DWP may be encouraging you to accept a lower award that that you feel entitled to rather than have a tribunal decide.
- There will be fewer panel members, at present there must be a medical professional on the panel, your appeal may in future be decided by just one person, possibly just one retired solicitor sitting alone.
To to me this says, when you get your DLA to PIP claim, your PIP renewal, your ESA renewal or other benefit claim or renewal, you need to try to get the correct decision made from your original claim. You can’t rely on an appeal being held. Or in any appeal being decided in your favour, or in fact having any consideration by a medical professional.
So when you are making a claim or renewing your claim, make sure you:
- Get help or advice in filling in your form, if you can’t get a welfare rights officer (eg CAB) to help, at least use one of the online guides such as Benefits - Citizens Advice or join: http://www.benefitsandwork.co.uk
- Whether or not you get help, try to include examples to support what you are saying.
- Send appropriate documentary evidence with your claim form, eg letters from your neurologist, your council care plan, etc
- Read through your completed claim form critically, look at the various descriptors (for PIP) and the points awarded for each activity for ESA, make sure you fit the criteria you think you should. If possible, get someone who’s opinion you value and who understands the process to read the form with the same things in mind.
- If you are sending additional information, number each page and write a list of what you are sending noting each page number as appropriate.
- Make sure you are aware of and meet all time limits. The DWP will not accept late forms, requests for reconsideration or appeals.
- Take copies of everything you send the DWP.
- Send forms and letters by recorded delivery.
- If you are refused, request a reconsideration within the one month time frame, give your reasons, follow all the same steps as in your original claim.
- If you are offered a compromise following reconsideration, ie a lesser award than you think you are entitled to, consider accepting it to avoid further stress but remember you can still request an appeal.
Please be aware that I am not an expert, I read the same things many of you do, feel free to disagree with me or do it your own way. This is just my opinion.
Sue