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7 years 10 months ago #160885 by Gordon
Replied by Gordon on topic Assessors report
BD

Forgive me but I am confused by your latest post :)

You say you have had a letter about your ESA but don't explain what it says. If no Decision on your PIP claim has been made, then I can't see how it would affect your ESA and to date, we have not seen an adverse PIP Decision have any effect on an ESA claim.

You talk about JSA rates, but as far as I know from your previous posts your ESA has not been reassessed and you cannot be found Fit for Work without a face to face assessment taking place.

I know that you are very worried about this situation, anybody would under these circumstances, but try and keep your thoughts on the now rather than considering all of the negative results that might and might not happen.

Gordon

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7 years 10 months ago #160949 by Black Dahlia
Replied by Black Dahlia on topic Assessors report
I guess you could say I am in a blind panic.

I phoned ESA and they said I have an ongoing payment, and the date of the 5th July is when my DLA will stop and from the 6th July I will get PIP £55 approx per week.
This is half the amount I was getting on DLA and is standard rate car component, with no mobility componant at all!!!

ESA know this because they can see it on their computers which are linked.

This is the "Change" they refer to in the letter which starts:-

Your claim for employment and support allowance

A change in the employment and support allowance rate payable.


So despite not receiving a decision yet from PIP (maybe its in the post) I have been told the amount and the effective start.date (6th July)by jobcentreplus.

Been to CAB today and they are going to help me with MR and the almost inevitable tribunal as soon as I get my award in writing

More stress and worry, but obviously not quite as bad as I thought.

Been in a state of utter exhaustion all the rest of the day.

What a debilitating process this is, its making me really ill again.

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7 years 10 months ago #160953 by Gordon
Replied by Gordon on topic Assessors report
BD

OK :) so your ESA is continuing in payment at the Support Group rate and if you have received a Standard Daily Living award then you will continue to receive the Disability Income Guarantee and the Severe Disability Premium.

Once you have the Decision Notice you can look at whether you want to request an MR.

Gordon

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7 years 10 months ago #161008 by Black Dahlia
Replied by Black Dahlia on topic Assessors report
I received my award today. Its standard rate care component only at £55.10 per week!
Award is until 2021.
There is nothing for mobility, despite the fact that both GP and my PIP form responses state that I cannot make a journey to an unfamiliar place without supervision of another person, due to my having to take medication s to alleviate anxiety, and due to my feeling drowsy from the meds, and my possibly being in danger from panic attacks in unknown places!

There is no reference to my mental health condition, depression,anxiety and BPD and how this contributes to limiting such activities as cooking without supervision,( I set fire to things etc) or how my anxiety means I am unable to engage with other people without social support. Nor is there any mention of the CFS a symptom of my fibromyalgia I suffer from daily that makes me dizzy and exhausted, and muddle headed, and the meds I take for this (Amyltriptoline) that contributes to this.

The assessor (HP)stated that there is no cognitive impairment at each of the descriptors, for which I believe I should have scored higher points for and yet at the end of the assessment she ticks the box that states I have a cognitive impairment!!!

The DM appears to have used entirely only the HP report.

So, I am £200 per month worse off.

I see the guy at CAB tomorrow, he has advised MR and appeal.
I hope that is the right decision, I cannot see how I can manage financially with the loss of £200, so I am going to take his advice and go ahead.

Feeling a bit more positive, but also still got IBS pretty bad and not eating much as a result.

Will keep you informed of the outcome.
The following user(s) said Thank You: Gordon

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7 years 9 months ago #162566 by Black Dahlia
Replied by Black Dahlia on topic Assessors report
I have been in contact with the CAB and they have told me they will help me with MR letter, following my adverse award.
However the date the MR request has to be in by the 7th July this week.

I phoned the CAB today and said I was extremely concerned as the deadline is nearly up, but they said , not to worry, if the MR request arrives late to the DWP, then the CAB take full responsibility for it and it is not viewed as a problem!

I was wondering if this has happened to others, and if B&W could advise me on this.
I am obviously terrified if that deadline passes then I will not be able to appeal the decision.

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7 years 9 months ago #162584 by Gordon
Replied by Gordon on topic Assessors report

Black Dahlia wrote: I have been in contact with the CAB and they have told me they will help me with MR letter, following my adverse award.
However the date the MR request has to be in by the 7th July this week.

I phoned the CAB today and said I was extremely concerned as the deadline is nearly up, but they said , not to worry, if the MR request arrives late to the DWP, then the CAB take full responsibility for it and it is not viewed as a problem!

I was wondering if this has happened to others, and if B&W could advise me on this.
I am obviously terrified if that deadline passes then I will not be able to appeal the decision.


I hope the CAB "guarantee" includes them paying you any missed benefit if the MR is rejected!

Here are the rules;

You have one month from the date of the Decision for the DWP to receive a request for a Mandatory Reconsideration, if submitted within this timescale it must be accepted by the DWP and actioned.

Outside of the month you can make a Late request for an MR up to 13 months after the date of the Decision, in addition to the request you must also explain why it is late. If the DWP do not accept your reasons for the late request then they can reject the MR, there is no further right of appeal should this happen.

Does this happen, not very often, in fact very infrequently, but it does happen on occasion.

I'll be honest with you, all that an MR request say is "I want you to request an MR for the Decision of date", if the CAB cannot organise that to happen within the required timescales, then I would be wondering what help they can actually provide.

Gordon

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