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pip and esa

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7 years 3 months ago #177741 by ken
pip and esa was created by ken
I went through my esa test over 4 years ago and scored 0 points on all counts, I did intend to appeal but after the follow up phone calls from the dwp decided not to, hind sight would have been a good thing. They said that because my wife was on pension credits I need do nothing as pension credits would pick up the short fall in our money when my incapacity benefit ceased, well you might ask what was I on incap for I am Diabetic and have been for over 20 years and have had very poor blood sugar control resulting in complications such as neuropathy etc,by the way conditions such as neuropathy come about from poor control and not through having hypo's, the tester for esa seemed to think hypo's were more important and after telling my specialist they said she did not have a clue about being diabetic. Funny thing after I got the documents from dwp it stated at the end that a review in the short term was advisable, guess what I am still waiting for that invitation but it does not matter now as I am retired and have been for 2 years. I also had an accident at work where I fell off an overhead crane resulting in an injury to my spine but to look at me people would think there was nothing wrong with me, what I am worried about is will the PIP assessors take into account my esa results, if they do then many points in that esa test were rubbish, one of which was, the nurse who took it said that i could carry out a conversation with her over a distance of 2 meters with no problems at all, what I said to her was that I watch peoples faces and can just about tell what they were saying but I could not lip read,I was at the time going through test for my hearing and now wear 2 hearing aids, just goes to show all the esa tests are for getting a 0 result and nothing else, also I told her that I medical documents with me but she said the copier had broke down so could not copy them, a fine thing.
Many years ago if you were claiming a benefit the date of the claim was taken when you filled out the claim form, PIP states that you cannot claim if you are over 65, well I have not yet made a claim for PIP yet but will have to, but I will be nearly 67 when I do, makes it a bit ridiculous as you cannot claim PIP if you are over 65 smacks of double standards.

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7 years 3 months ago #177752 by Gordon
Replied by Gordon on topic pip and esa
Ken

You do not say whether you are currently receiving DLA?

If you are then you will be invited to claim PIP at some time during the next couple of years, even though you are over the age to make a new claim. I see no reasons why an ESA report that will be at least four years old and written against a different set of criteria would be used as evidence for your PIP claim.

If you are not in receipt of DLA at this time, then as you are over the age of 65 you cannot make a claim for PIP, only Attendance Allowance, however, my comments about the ESA report would still stand.

Gordon

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

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7 years 3 months ago #177757 by ken
Replied by ken on topic pip and esa
I am currently getting dla and have been for the last 15 years, how would you know if the results from the esa test was used in reaching a decision about pip.
As in a previous post i know of 1 person that if they were invited to claim pip would lose their current dla because of their condition, ie no medication, no doctor or specialists reports, no history of doctors visits for the condition which would be alleviated with surgery, but because of their age, 2 years older than me will remain on higher rate of dla mobility, that is not fair to younger claimants who if had the same condition would not get pip

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7 years 3 months ago #177776 by Gordon
Replied by Gordon on topic pip and esa

ken wrote: I am currently getting dla and have been for the last 15 years, how would you know if the results from the esa test was used in reaching a decision about pip.
As in a previous post i know of 1 person that if they were invited to claim pip would lose their current dla because of their condition, ie no medication, no doctor or specialists reports, no history of doctors visits for the condition which would be alleviated with surgery, but because of their age, 2 years older than me will remain on higher rate of dla mobility, that is not fair to younger claimants who if had the same condition would not get pip


The Decision Maker must explain what documents have been used in the making of the Decision, but as I said in my previous post I see no reason why this ESA report would be used.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Craigyrhos

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7 years 3 months ago #177936 by ken
Replied by ken on topic pip and esa
what do you mean must explain, is that asked for or stated in the report

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7 years 3 months ago #177938 by Gordon
Replied by Gordon on topic pip and esa

ken wrote: what do you mean must explain, is that asked for or stated in the report


If asked the DM must list all of the reports used in the making of the Decision.

Gordon

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

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