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PIP higher level for both but put in work group?

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7 years 4 months ago #175670 by Lisa
:unsure:

I was awarded PIP higher level for both mobility and care and I just received a letter telling me that I have been put in the work group and have to attend for a work assessment interview for ESA..

I can't even get there alone, I need a wheelchair to mobilise outside but I have two frozen shoulders so I can't self propel, this means my daughter has to take a day off work to take me anywhere!

Is this normal practice?

thank you

Lisa

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7 years 4 months ago - 7 years 4 months ago #175689 by slugsta
Hi and 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

I'm afraid this is not unusual. The criteria for PIP and ESA are very different (even where they appear to be similar!) - after all, it is perfectly acceptable for someone to be on the highest rates of DLA/PIP and work full time!

If you want to try and get the ESA decision changed then your first step will be to request a Mandatory Reconsideration. You must show how/why you meet the Support Group criteria.

Did you explain why you are not able to self-propel a wheelchair? You will be assumed to be able to do so (and therefore score 0 points for mobilising) if you did not. This could be where your claim came unstuck.

Do you have a copy of the assessor's report yet? It not, it is worth asking for one, DWP usually send them on request. However, you should not delay sending in the MR request (you have 1 month to do so) if it has not arrived, just state that you will send in more information when you have seen the report and DWP should give you a bit more time.

I suggest you have a look at our MR and ESA guides as a starter then come back here with further questions. You will find it easily in future if you bookmark/favourite it on your web browser now. We ask members to keep everything relating to the same claim to one topic - I hope you will find this useful.

ESA claims and appeals

Mandatory Reconsiderations

I'm afraid you are obliged to undertake Work Focused Activities if asked to do so, or risk sanctions. Your limitations should be taken into account.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 4 months ago by slugsta.

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7 years 4 months ago #175690 by Gordon
Lisa

ESA and PIP have different assessment criteria, it is perfectly possible to receive the highest award for one and no award of the other.

To be placed in the SG you need to show that you meet one or more of the ESA SG Descriptors, see the ESA Claim guides for a list of these.

If you want to challenge the Decision then the first stage is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

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

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