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ESA REVIEW
- melissand
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7 years 6 months ago #169565 by melissand
ESA REVIEW was created by melissand
I have just had my first pip claim letter I have claimed pip from having dla On dla i had daily living and lower mobility. Now I have been awarded 6 points living and 4 points mobility on PIP Therefore I have no money awarded. I have today received a new ESA form to review my ESA currently I have limited ability and on wrag. This is all I have now moneywise. I now have to go through all this paperwork again and I feel awful.
I have asked for a mandatory reconsideration on PIP and have received the hps report. It seems there is no space or question about supervision as my main disability is uncontrolled epilepsy. She gave me cooking points 2, dressing points 2, and help with bathing points 2. It seems to me I have to push the supervision aspect to be reconsidered as she decided all these activities were dangerous risks to me but not being supervised on a daily basis as was dla. Any tips on how to do this would be helpful. The report says over 10 fits from january this year up to assessment in june. But the report from the dwp says I do not have fits daily. A contradiction.
Any help I would be grateful Thanks
I have asked for a mandatory reconsideration on PIP and have received the hps report. It seems there is no space or question about supervision as my main disability is uncontrolled epilepsy. She gave me cooking points 2, dressing points 2, and help with bathing points 2. It seems to me I have to push the supervision aspect to be reconsidered as she decided all these activities were dangerous risks to me but not being supervised on a daily basis as was dla. Any tips on how to do this would be helpful. The report says over 10 fits from january this year up to assessment in june. But the report from the dwp says I do not have fits daily. A contradiction.
Any help I would be grateful Thanks
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7 years 6 months ago #169578 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA REVIEW
silversam
Please have a look at our ESA Claim guides for assistance in completing your ESA50, in particular have a look at the section for qualifying for the WRAG or the SG because of substantial risk, your epilepsy may give you a route to qualify for an award,
www.benefitsandwork.co.uk/help-for-claimants/esa1
Re your PIP, you will certainly need to show a need for supervision.
Forgive me you say the following are in contradiction
"The report says over 10 fits from january this year up to assessment in june. But the report from the dwp says I do not have fits daily."
these two statements seem to be consistent, or have mistyped?
Gordon
Please have a look at our ESA Claim guides for assistance in completing your ESA50, in particular have a look at the section for qualifying for the WRAG or the SG because of substantial risk, your epilepsy may give you a route to qualify for an award,
www.benefitsandwork.co.uk/help-for-claimants/esa1
Re your PIP, you will certainly need to show a need for supervision.
Forgive me you say the following are in contradiction
"The report says over 10 fits from january this year up to assessment in june. But the report from the dwp says I do not have fits daily."
these two statements seem to be consistent, or have mistyped?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- melissand
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7 years 6 months ago #169741 by melissand
Replied by melissand on topic ESA REVIEW
Re PIp Sorry for the mistype. My evidence as shown in my claim states the frequency and evidence from my fit diary was submitted with my claim form for pip. The HP noted this in the functional history but as there does not seem to be a box for supervision/epilepsy comments. She only notes this as a fleeting comments at the end of the summary at the back of the form. The words are - does not have a fit every day. This seems inconsistent as she has gave points for cooking, bathing and dressing. Was epilepsy not a risk for this? I am today gathering the last part of evidence for mandatory reconsideration which I have lodged in writing and by phone. Was told this should take 8 or 9 weeks before I hear anything. I have read your guides and hopefully have worded this from a personal stance hopefully to make them see how illness make my daily live hard. How can someone with middle care and lower mobilityon DLA end up with no award. Thanks for alll the work you do
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- Gordon
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7 years 6 months ago - 7 years 6 months ago #169787 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA REVIEW
silversam
You need to show that you are liable to have a fit on the majority of days, unfortunately they will look at your frequency of your actual fits, I realise that this is not an indicator of when you will have one, but the DM is not medically trained and is unlikely to understand this.
It's important to understand that PIP was designed to reduce the disability budget by at least 20%, the criteria are very different from DLA and in general terms a lot harder to meet. Epilepsy is a particular problem as DLA allowed a care award to be made on a general requirement for supervision, PIP only considers specific needs for supervision which can be a lot more difficult to show.
Gordon
You need to show that you are liable to have a fit on the majority of days, unfortunately they will look at your frequency of your actual fits, I realise that this is not an indicator of when you will have one, but the DM is not medically trained and is unlikely to understand this.
It's important to understand that PIP was designed to reduce the disability budget by at least 20%, the criteria are very different from DLA and in general terms a lot harder to meet. Epilepsy is a particular problem as DLA allowed a care award to be made on a general requirement for supervision, PIP only considers specific needs for supervision which can be a lot more difficult to show.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 6 months ago by Gordon.
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