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ESA Tribunal Papers
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6 years 11 months ago #189891 by elainep
ESA Tribunal Papers was created by elainep
Hi
My son now has a tribunal date for his ESA hearing. He received zero points on his WCA in September.
He has just had his PIP award renewed and received Enhanced on Mobility and Standard on Daily Living.
My question is should we include the PIP result in his evidence. Should we send the following:-
Statement of Entitlement
PIP "I have looked at your award letter", explaining which points they have/have not awarded.
PIP Health Assessment Report. PA4 V3
Do we send all three or just one or two of the above?
We have asked my son's doctor for a letter of support but he said that if the Tribunal want anymore information they would write to him. We did point out that at some point last year he had said he would refer my son to the Mental Health Team and we had heard nothing. He said it must have gotten lost in the system somewhere and would refer him again. So not very helpful, but at least he has an appointment now in July.
The PIP letters and an appointment letter from the Mental Health Team for an appointment are the only other pieces of extra evidence we have.
Since the tribunal letter arrived my son's anxiety has gone through the roof. His FIT NOTE expired on Saturday and because of the cyber attack on the NHS our doctors surgery's system has been off, so when he attended his appointment earlier this week to ask for another FIT NOTE he was told that they couldn't access any paperwork. He now has an appointment next Thursday to see a locum and we are hoping he will renew the FIT NOTE. Can GP's renew FIT NOTES for a second time?
When phoning the DWP to explain the situation their response was "well we cannot say if you will get paid but we will put a note on the system". Just another reason why his anxiety is at the peak right now.
Any help would be appreciated.
Many thanks
My son now has a tribunal date for his ESA hearing. He received zero points on his WCA in September.
He has just had his PIP award renewed and received Enhanced on Mobility and Standard on Daily Living.
My question is should we include the PIP result in his evidence. Should we send the following:-
Statement of Entitlement
PIP "I have looked at your award letter", explaining which points they have/have not awarded.
PIP Health Assessment Report. PA4 V3
Do we send all three or just one or two of the above?
We have asked my son's doctor for a letter of support but he said that if the Tribunal want anymore information they would write to him. We did point out that at some point last year he had said he would refer my son to the Mental Health Team and we had heard nothing. He said it must have gotten lost in the system somewhere and would refer him again. So not very helpful, but at least he has an appointment now in July.
The PIP letters and an appointment letter from the Mental Health Team for an appointment are the only other pieces of extra evidence we have.
Since the tribunal letter arrived my son's anxiety has gone through the roof. His FIT NOTE expired on Saturday and because of the cyber attack on the NHS our doctors surgery's system has been off, so when he attended his appointment earlier this week to ask for another FIT NOTE he was told that they couldn't access any paperwork. He now has an appointment next Thursday to see a locum and we are hoping he will renew the FIT NOTE. Can GP's renew FIT NOTES for a second time?
When phoning the DWP to explain the situation their response was "well we cannot say if you will get paid but we will put a note on the system". Just another reason why his anxiety is at the peak right now.
Any help would be appreciated.
Many thanks
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6 years 11 months ago #189929 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Tribunal Papers
Elie
There are two issues
The Tribunal cannot consider any evidence that post dates the Decision being appealed unless it is clear that it applies to that date. If the ESA Decision is from last September and the PIP one is recent then this may be a problem, although I would still send the information.
Secondly, although there are areas of crossover, in general the criteria for the two benefits are quite different so you will need to show the applicability of the PIP reports to his ESA claim for them to have any value.
As to what to send. Read what you have carefully, it's not usually acceptable to pick and choose what you send so in addition to looking at what is good about the reports, also consider what is bad. Send what you consider to be supportive.
There is a "buffer" for sending in the Fit Notes but try and get it sent as soon as possible. There's no reason why a GP should not write a second Note if they believe there patient is still unfit for work.
Gordon
Gordon
There are two issues
The Tribunal cannot consider any evidence that post dates the Decision being appealed unless it is clear that it applies to that date. If the ESA Decision is from last September and the PIP one is recent then this may be a problem, although I would still send the information.
Secondly, although there are areas of crossover, in general the criteria for the two benefits are quite different so you will need to show the applicability of the PIP reports to his ESA claim for them to have any value.
As to what to send. Read what you have carefully, it's not usually acceptable to pick and choose what you send so in addition to looking at what is good about the reports, also consider what is bad. Send what you consider to be supportive.
There is a "buffer" for sending in the Fit Notes but try and get it sent as soon as possible. There's no reason why a GP should not write a second Note if they believe there patient is still unfit for work.
Gordon
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 11 months ago #189948 by elainep
Replied by elainep on topic ESA Tribunal Papers
Hi
Thanks for your reply.
The PIP assessment and award was done after the ESA health assessment and decision, but it is a re-assessment rather than a new PIP. Will that make a difference.
So should I send the FULL health assessment which is 23 pages or just the DWP decision with the points?
Thank you
Thanks for your reply.
The PIP assessment and award was done after the ESA health assessment and decision, but it is a re-assessment rather than a new PIP. Will that make a difference.
So should I send the FULL health assessment which is 23 pages or just the DWP decision with the points?
Thank you
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6 years 11 months ago #189958 by Gordon
It's a new Decision based on how he was at the time the PIP Decision was made, based on what you have written it therefore postdates the ESA Decision, but as I sais it would still be worth sending the information, just be aware that it may not be considered.
I have no sight of the contents so send whichever document best deals with problems in regard to his ESA questions, bearing in mind that the both will also likely include negative comments as well.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Tribunal Papers
elie wrote: Hi
Thanks for your reply.
The PIP assessment and award was done after the ESA health assessment and decision, but it is a re-assessment rather than a new PIP. Will that make a difference.
So should I send the FULL health assessment which is 23 pages or just the DWP decision with the points?
Thank you
It's a new Decision based on how he was at the time the PIP Decision was made, based on what you have written it therefore postdates the ESA Decision, but as I sais it would still be worth sending the information, just be aware that it may not be considered.
I have no sight of the contents so send whichever document best deals with problems in regard to his ESA questions, bearing in mind that the both will also likely include negative comments as well.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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