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ESA and PIP Appeals
- zoebuggy
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7 years 2 months ago #180427 by zoebuggy
ESA and PIP Appeals was created by zoebuggy
Hi
Today I start geeting together my Appeal against the unchanged Mandatory Reconsideration of my ESA and start my application for a Mandatory reconsideration for my PIP. Both claims crash into each other and its hard to work on one without worries about the other one crashing into it and distracting me.
The work by the DWP on my ESA, though wrong is laid out clearly, the PIP one is a mess. The two decisions contradict each other on at least one point. The ESA gave me 6 points for mobility, and this backed up by several references in the decision letter/MR notice of my medical examination by the HCP. No physical Medical examination was carried out durring my PIP medical.
Do you think I can I use my ESA medical as evidence to help prove my PIP decision was wrong?
Plus, would it be wrong to claim my HCP was infact incompetent, when their medical report declares I take no pain killers, when my medication clearly shows I take a relatively high dose 7 nerve pain killers every day. Plus this qualified nurse never asked if I take additional ones, which I do.
Many thanks
Zoe
Today I start geeting together my Appeal against the unchanged Mandatory Reconsideration of my ESA and start my application for a Mandatory reconsideration for my PIP. Both claims crash into each other and its hard to work on one without worries about the other one crashing into it and distracting me.
The work by the DWP on my ESA, though wrong is laid out clearly, the PIP one is a mess. The two decisions contradict each other on at least one point. The ESA gave me 6 points for mobility, and this backed up by several references in the decision letter/MR notice of my medical examination by the HCP. No physical Medical examination was carried out durring my PIP medical.
Do you think I can I use my ESA medical as evidence to help prove my PIP decision was wrong?
Plus, would it be wrong to claim my HCP was infact incompetent, when their medical report declares I take no pain killers, when my medication clearly shows I take a relatively high dose 7 nerve pain killers every day. Plus this qualified nurse never asked if I take additional ones, which I do.
Many thanks
Zoe
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- Gordon
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7 years 2 months ago #180461 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and PIP Appeals
zoebuggy
There's no reason why you cannot use the ESA report to support your PIP claim, but you must tie the contents of the report clearly to the PIP activities to have any effect. Scoring six point for ESA Mobilising means that you were assessed as being able to mobilise either by walking or wheelchair 100m-200m, is this actually supportive?
I wouldn't claim that the assessor was incompetent, Tribunal panels tend to react badly to this type of phraseology, however, you can certainly point out that they incorrectly recorded your medication and that this undoubtedly had an impact on the opinions that they stated in their report.
There's no reason why you cannot use the ESA report to support your PIP claim, but you must tie the contents of the report clearly to the PIP activities to have any effect. Scoring six point for ESA Mobilising means that you were assessed as being able to mobilise either by walking or wheelchair 100m-200m, is this actually supportive?
I wouldn't claim that the assessor was incompetent, Tribunal panels tend to react badly to this type of phraseology, however, you can certainly point out that they incorrectly recorded your medication and that this undoubtedly had an impact on the opinions that they stated in their report.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Bill24chev
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7 years 2 months ago #180463 by Bill24chev
Replied by Bill24chev on topic ESA and PIP Appeals
[quote="zoebuggy
" post=180427]Hi
Plus, would it be wrong to claim my HCP was infact incompetent, when their medical report declares I take no pain killers, when my medication clearly shows I take a relatively high dose 7 nerve pain killers every day. Plus this qualified nurse never asked if I take additional ones, which I do.
Many thanks
Zoe[/quote]
If you believe that the HCP ( Nurse) failed to meet the standards required by the Nurses and Midwifes Council (NMC) make a formal complaint to the NMC.
" post=180427]Hi
Plus, would it be wrong to claim my HCP was infact incompetent, when their medical report declares I take no pain killers, when my medication clearly shows I take a relatively high dose 7 nerve pain killers every day. Plus this qualified nurse never asked if I take additional ones, which I do.
Many thanks
Zoe[/quote]
If you believe that the HCP ( Nurse) failed to meet the standards required by the Nurses and Midwifes Council (NMC) make a formal complaint to the NMC.
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- zoebuggy
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7 years 2 months ago #180614 by zoebuggy
Replied by zoebuggy on topic ESA and PIP Appeals
Hi
Trying to get my brain to concentrate and work on both my PIP Mandatory Consideration and my ESA Appeal to the tribunal is like hearding cats. Need to sleep more and forget about stressing.
I have effectively 2 weeks to go on both. (including their 7/8 days it took for both letters to reach me)
On both I gave detailed submissions for my intial reclaims. I did my best to use your guides extensively. Thank you so much.
1. I have done some work on my PIP MR, though I need to tone my, my already toned down comments on the various errors in the decision letter, and stick to reaffirming why I meet several critea. I will do some rewrites, and go to the Citizen Advice drop in at my doctors. But knowing that the MR is very likely to be rejected. Should I concentrate on the Appeal and just get the damn thing in.
2. (Other way round)
My request for ESA Mandatory Reconsideration was again a bit wordy, adding a little extra stuff, but basically the same. After its rejection I am not sure how much more I can add at this stage and I am finding it difficult to concentrate on my appeal against the ESA MR decision. Is it safe to leave it and the information I submitted to the DWP at the two earlier stages. Will the tribunal have access to my PIP claim. I think I saw on here that I can request an appeal using your simple format version and then send in more details later, please can you confirm that is true to the best of knowledge?
PS. Searching through past posts is helpful, but this link should maybe be more clear www.benefitsandwork.co.uk/forum/search?v...ldforums=1&catids=10
PPS. I am veryy scarred for all the folks who do not use this site, or have not or do not know how to get help on getting through benefit issues.
Many thanks
Zoe
Trying to get my brain to concentrate and work on both my PIP Mandatory Consideration and my ESA Appeal to the tribunal is like hearding cats. Need to sleep more and forget about stressing.
I have effectively 2 weeks to go on both. (including their 7/8 days it took for both letters to reach me)
On both I gave detailed submissions for my intial reclaims. I did my best to use your guides extensively. Thank you so much.
1. I have done some work on my PIP MR, though I need to tone my, my already toned down comments on the various errors in the decision letter, and stick to reaffirming why I meet several critea. I will do some rewrites, and go to the Citizen Advice drop in at my doctors. But knowing that the MR is very likely to be rejected. Should I concentrate on the Appeal and just get the damn thing in.
2. (Other way round)
My request for ESA Mandatory Reconsideration was again a bit wordy, adding a little extra stuff, but basically the same. After its rejection I am not sure how much more I can add at this stage and I am finding it difficult to concentrate on my appeal against the ESA MR decision. Is it safe to leave it and the information I submitted to the DWP at the two earlier stages. Will the tribunal have access to my PIP claim. I think I saw on here that I can request an appeal using your simple format version and then send in more details later, please can you confirm that is true to the best of knowledge?
PS. Searching through past posts is helpful, but this link should maybe be more clear www.benefitsandwork.co.uk/forum/search?v...ldforums=1&catids=10
PPS. I am veryy scarred for all the folks who do not use this site, or have not or do not know how to get help on getting through benefit issues.
Many thanks
Zoe
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- Gordon
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7 years 2 months ago #180685 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and PIP Appeals
zoebuggy
Although the revision rate at MR is low, we do seem members getting the award that they want at this stage of the process so there is value in trying to overturn the Decision, where it happens most is when the claimant can show that something on their claim has been fundamentally misunderstood by those assessing them.
Have you actually made your request for appeal yet? If not then you really don't need to go into detail at this stage, just get the request sent to the TS, you can make more detailed arguments once you have received the DWP's submission.
The panel can only use the papers presented to them as part of the appeal so if the PIP papers are included in the documents that they DWP used to make the ESA Decision then they will be used by the panel, but if not and you want it to be used, then you need to include it as part of your submission.
Gordon
Although the revision rate at MR is low, we do seem members getting the award that they want at this stage of the process so there is value in trying to overturn the Decision, where it happens most is when the claimant can show that something on their claim has been fundamentally misunderstood by those assessing them.
Have you actually made your request for appeal yet? If not then you really don't need to go into detail at this stage, just get the request sent to the TS, you can make more detailed arguments once you have received the DWP's submission.
The panel can only use the papers presented to them as part of the appeal so if the PIP papers are included in the documents that they DWP used to make the ESA Decision then they will be used by the panel, but if not and you want it to be used, then you need to include it as part of your submission.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- zoebuggy
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7 years 2 months ago #180732 by zoebuggy
Replied by zoebuggy on topic ESA and PIP Appeals
Meanwhile back at the ranch.....
Two more questions. Regards ESA.
At the Tribunal Appeal stage - Can you send in requests to go back onto ESA at a later date than when you send your SSCS1 appeal in? It is very unlikely that I will be able toget an appointment to see my doctor to get the supporting sick note, before I have to send the appeal in.
Financially I am better off trying to cope with the farce of being on JSA. After I failed my ESA medical, I had to go on to JSA. JSA kindly gives me the disability premium. However I am really unsure/ totally know that I will struggle to meet their expectations in finding a mythical job. Now durring the Tribunal process I can go back onto ESA at the assesment rate, which is sadly £30+ less each week. BUT ... as far as tribunals are concerned do they take note whether a claimant is on JSA or ESA durring this period?
Two more questions. Regards ESA.
At the Tribunal Appeal stage - Can you send in requests to go back onto ESA at a later date than when you send your SSCS1 appeal in? It is very unlikely that I will be able toget an appointment to see my doctor to get the supporting sick note, before I have to send the appeal in.
Financially I am better off trying to cope with the farce of being on JSA. After I failed my ESA medical, I had to go on to JSA. JSA kindly gives me the disability premium. However I am really unsure/ totally know that I will struggle to meet their expectations in finding a mythical job. Now durring the Tribunal process I can go back onto ESA at the assesment rate, which is sadly £30+ less each week. BUT ... as far as tribunals are concerned do they take note whether a claimant is on JSA or ESA durring this period?
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