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Will PIP affect ESA claim? very hard PIP interview

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6 years 9 months ago #193156 by Mike
I just had a PIP interview today, and it was much more intrusive than I was expecting and I'm very worried about how it might affect my ESA. I just appealed an ESA decision earlier this year with 20,000 words plus mandatory reconsideration. I was granted ESA on sections 29 and 35. The letter I received also said "to be re-referred 2018". I'm on the support group.

My issues are around social anxiety, general anxiety, depression, addiction and a variety of challenging mental health symptoms. I have been trying hard for a long time to get into a place where I can work and live life again, and I'm nearly there, but I am currently recovering from addiction now and only 4 months out of an accidental overdose. I'm very committed at this point to staying clean and getting better.

I tried to claim PIP as I thought it would be a little extra money to help with therapy, which I get once a week privately (my parents lend me the money and it's adding up).

I didn't realise the PIP questions were so extensive, and the appeal process I went through for ESA was extremely difficult for me so I have left today extremely worried. I feel that I answered some questions differently to in the past, and also due to the fact I am trying to do more in the real world and challenge myself to get out to support groups and therapies in order to get better, that this is evidence that I am "fit for work".

I was asked things like "when did you last work" and other questions that didn't seem related to PIP. I have had "market research companies" call me before to ask me about work after Uni, and when I searched the phone number they were a private firm that's contracted by the DWP. It's all very paranoia inducing. I have worked on a recovery plan for so long and the idea that this effort to get some extra support might backfire and affect the 2018 referral date is very worrying. Today I nearly snapped, so I hope you don't mind my rambling.

Lastly I have been trying to get a full diagnosis through the NHS but they referred me to drug centres. I am clean now and I have been to those centres in the past so there is nothing there for me. My therapist has pushed me to get a full diagnosis, to rule out autism, and to lay out all the symptoms I have had in the past that I haven't talked about with a psychiatrist. There is a psychiatrist who I was seeing, but he was very patronising and never really gave me a proper diagnosis nor had complete information from me and he didn't support my appeal as he just kept going back to drugs and not mental health. So I am waiting for more clean time in order to follow up with another psych once I have stabilised, or to push the NHS for support again.

I worry that ATOS would call the old psychiatrist and he would not support me, or that I have not had a full diagnosis recently (but I talked about getting one extensively in my 20,000 word appeal), that might also count against me.

Best wishes

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6 years 9 months ago - 6 years 9 months ago #193162 by Gordon
Mike

Whilst I can understand why you are worrying I don't think that you need to, the criteria for PIP is very different for that for ESA especially if you are claiming due to the risk of harm. ESA looks at the risk if you were asked to work or to carry out work related activities, PIP looks at the risk associated with PIP activities, such as preparing food or your washing and bathing.

Nor do I think that that the report produced from your PIP assessment can be used in your ESA MR or appeal, the DWP cannot introduce new evidence to this process, they can only refer to the documents used in the making of the original Decision.

PIP Decisions are taking about 204 2-4 weeks at the moment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 9 months ago by Gordon.
The following user(s) said Thank You: Mike

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6 years 9 months ago #193197 by Shush67
Gordon
Just read your last sentence. Pip decisions taking 204 weeks. Good grief.

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6 years 9 months ago #193219 by Gordon

Shush67 wrote: Gordon
Just read your last sentence. Pip decisions taking 204 weeks. Good grief.


The zero is next to the dash :)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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