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ESA & PIP Claims all gone wrong - Help!
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7 years 5 months ago #171590 by Steve
ESA & PIP Claims all gone wrong - Help! was created by Steve
This is the first time I've posted on this forum and I hope I'm doing it properly.
2016 - where do I start? Been a very bad year, however, let me give you some simple background.
Until 2011 I was on JSA and tried on a few occasions to claim ESA. On my third attempt I was very surprised to previously go from nothing, to being put straight into the support group.
In April 2016, as expected, I was called in for a reassessment. What a joke that was. The report as rushed, done late on a Friday afternoon and the time of ending the report was the following Monday morning. The assessor almost used stock answers and copied and pasted the same phrases time and time again.
I got my decision and was "demoted" to WRAG. The reason I found out about the bad report was I requested it, and the previous one from 2011, for my mandatory reconsideration.
Mandatory reconsideration did not change the decision, so I went for an appeal which I also lost.
While waiting for the appeal I made a claim for PIP. Eventually I received their decision and that was also refused - zero points for everything, when I know I have points for some things. I know I can't go on an unfamiliar journey alone as I would get anxious and panic, and that sometimes extends to familiar journeys if I'm not feeling well.
Then just yesterday, the DWP finally stuck the knife in by sending me a letter and form saying I could get extra money with the Severe Disability Premium, but only if I'm getting PIP! They're talking the pi**!!!!!
I had previously been getting Severe Disablement Allowance many years ago.
Can anyone help me? I'm having the year from hell. The fight has almost gone from me!
I'll reply further with my medical problems in another post.
Many thanks for your help.
2016 - where do I start? Been a very bad year, however, let me give you some simple background.
Until 2011 I was on JSA and tried on a few occasions to claim ESA. On my third attempt I was very surprised to previously go from nothing, to being put straight into the support group.
In April 2016, as expected, I was called in for a reassessment. What a joke that was. The report as rushed, done late on a Friday afternoon and the time of ending the report was the following Monday morning. The assessor almost used stock answers and copied and pasted the same phrases time and time again.
I got my decision and was "demoted" to WRAG. The reason I found out about the bad report was I requested it, and the previous one from 2011, for my mandatory reconsideration.
Mandatory reconsideration did not change the decision, so I went for an appeal which I also lost.
While waiting for the appeal I made a claim for PIP. Eventually I received their decision and that was also refused - zero points for everything, when I know I have points for some things. I know I can't go on an unfamiliar journey alone as I would get anxious and panic, and that sometimes extends to familiar journeys if I'm not feeling well.
Then just yesterday, the DWP finally stuck the knife in by sending me a letter and form saying I could get extra money with the Severe Disability Premium, but only if I'm getting PIP! They're talking the pi**!!!!!
I had previously been getting Severe Disablement Allowance many years ago.
Can anyone help me? I'm having the year from hell. The fight has almost gone from me!
I'll reply further with my medical problems in another post.
Many thanks for your help.
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7 years 5 months ago #171654 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA & PIP Claims all gone wrong - Help!
Steve
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
If your WRAG placement was the result of a Tribunal and the hearing was more than one month ago then you cannot pursue the matter further. Your only option would be to show that your conditions have deteriorated since you were last assessed so that you now meet the criteria for the SG, this will require medical evidence to support this. If you can show this then you can ask to be reassessed. Be aware that this would be a full reassessment of your claim, new ESA50 and almost certainly a new face to face and you remain in the WRAG until a new Decision is made.
As to the PIP, you can request a Mandatory Reconsideration, if it is more than a month since the Decision then you will also have to explain why the request is late.
Or, you can make a new claim for PIP.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
If your WRAG placement was the result of a Tribunal and the hearing was more than one month ago then you cannot pursue the matter further. Your only option would be to show that your conditions have deteriorated since you were last assessed so that you now meet the criteria for the SG, this will require medical evidence to support this. If you can show this then you can ask to be reassessed. Be aware that this would be a full reassessment of your claim, new ESA50 and almost certainly a new face to face and you remain in the WRAG until a new Decision is made.
As to the PIP, you can request a Mandatory Reconsideration, if it is more than a month since the Decision then you will also have to explain why the request is late.
Or, you can make a new claim for PIP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 5 months ago #171910 by Steve
Replied by Steve on topic ESA & PIP Claims all gone wrong - Help!
So where do I go from here. I've just received the assessment report from my PIP which appears to have totally ignored all the problems I indicated on the PIP form I sent in.
As an example, I can't go to unfamiliar places alone but that doesn't get a mention!
What do I need to do to get this and other things changed? Do I need my GP to put something in writing?
As an example, I can't go to unfamiliar places alone but that doesn't get a mention!
What do I need to do to get this and other things changed? Do I need my GP to put something in writing?
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7 years 5 months ago #171936 by Gordon
Have you requested an MR for the PIP Decision? If not then this is the first thing to concentrate on doing.
You'll only receive an award of PIP by showing that you meet the criteria for one, dealing with the issues raised in the assessment report is important but will not in itself result in an award.
I would go through your PIP2, the assessment report and the PIP Claim guide to make sure that you have shown that you meet the criteria to score points, for example; the DWP have a particular view of how the Mobility Descriptors should work, if you cannot show that you meet that view then you are unlikely to score points.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA & PIP Claims all gone wrong - Help!
Steve wrote: So where do I go from here. I've just received the assessment report from my PIP which appears to have totally ignored all the problems I indicated on the PIP form I sent in.
As an example, I can't go to unfamiliar places alone but that doesn't get a mention!
What do I need to do to get this and other things changed? Do I need my GP to put something in writing?
Have you requested an MR for the PIP Decision? If not then this is the first thing to concentrate on doing.
You'll only receive an award of PIP by showing that you meet the criteria for one, dealing with the issues raised in the assessment report is important but will not in itself result in an award.
I would go through your PIP2, the assessment report and the PIP Claim guide to make sure that you have shown that you meet the criteria to score points, for example; the DWP have a particular view of how the Mobility Descriptors should work, if you cannot show that you meet that view then you are unlikely to score points.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 5 months ago #172091 by Steve
Replied by Steve on topic ESA & PIP Claims all gone wrong - Help!
I'm just about to start my MR and have been to see my GP. Let's hope he can help me.
What is a the PIP2 and the PIP Claim guide?
What is a the PIP2 and the PIP Claim guide?
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7 years 5 months ago #172106 by Gordon
The PIP2 is the form you completed explaining your problems.
The Claim guide is the B&W document that I hope you used to help you complete the PIP2
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA & PIP Claims all gone wrong - Help!
Steve wrote: What is a the PIP2 and the PIP Claim guide?
The PIP2 is the form you completed explaining your problems.
The Claim guide is the B&W document that I hope you used to help you complete the PIP2
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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