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Result of written appeal
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7 years 3 months ago #177512 by Angel110
Replied by Angel110 on topic what a surprise !!!!
Hello everyone all the lovely helpful moderators I hope you all had a lovely Xmas and a well deserved break. Happy new year to everyone.
Well Gordon and Moderators please do help me out because new year is going to be a very challenging for me I think I will spend most of my time filling out forms appealing in and out of doctors surgery. As I mentioned about my ESA in WRAG I have put an appeal to the tribunal have received confirmation I will start the rest soon, But on my return I had a letter dated 5th Dec advising me that my DLA is ending and I need to apply for PIP followed by a reminder 14 days later as I was away. What a coincidence though having gone through the ESA another surprise arrives in my absence anyway I have managed to call them on 29th Dec where we went trough PIP 1 and the lady advised that I should get the PIP 2 to complete in 2 weeks time and asked me to ring after 2 weeks if I don't receive the form for the progress I was bit confused and clarified this as to how I can ring for progress in 3 weeks time if I haven't received the form in 2 weeks times surely they will allow me time to complete the form to be returned as its a long winded form.
However, I received a text the following day advising I will receive the form etc. I'm getting really worried now having read peoples experience etc I went numb and cold believe me I was out in tears reading allot of them over the holiday period. I'm quite concerned and worried now because I read the PIP help form here and on page 67 it said that the PIP may decide to use my F2F report from ESA claim can this be done though. the lady originally said they will use information held I didn't really understand what she mean but read this only yesterday. if this is the case can I ring and ask them not to use the f2f as the f2f for ESA was awful anyone who knows me reads that even just reading it one will know how contradicting it is where on one page the assessor says no medication brought but few pages later she says I could bend down get the medication out of my bag In fact I didn't have a bag with me all I had was a JD string bad around my neck with water bottle with me she also says that my vision from 40cm but the measurement is incorrect because I was sitting on a chair there was a table between myself and the assessor then a sink behind her where the alphabets were on the wall this is not 40cm. I would like to know please now that I will be appealing to the tribunal do I go through the whole report and justify or focus on my mobility I got my orthotics nurse to take pictures of my leg so one can see exactly what the problem is as the assessor didn't even do any medical check up regardless if she did or not her report wouldn't have got me anywhere. Please Gordon my name appears hamida butt this is my real name can I change to something else as for all I know the assessors or the DWP might be staling for all I know just keep it to Hami110 ???
Well Gordon and Moderators please do help me out because new year is going to be a very challenging for me I think I will spend most of my time filling out forms appealing in and out of doctors surgery. As I mentioned about my ESA in WRAG I have put an appeal to the tribunal have received confirmation I will start the rest soon, But on my return I had a letter dated 5th Dec advising me that my DLA is ending and I need to apply for PIP followed by a reminder 14 days later as I was away. What a coincidence though having gone through the ESA another surprise arrives in my absence anyway I have managed to call them on 29th Dec where we went trough PIP 1 and the lady advised that I should get the PIP 2 to complete in 2 weeks time and asked me to ring after 2 weeks if I don't receive the form for the progress I was bit confused and clarified this as to how I can ring for progress in 3 weeks time if I haven't received the form in 2 weeks times surely they will allow me time to complete the form to be returned as its a long winded form.
However, I received a text the following day advising I will receive the form etc. I'm getting really worried now having read peoples experience etc I went numb and cold believe me I was out in tears reading allot of them over the holiday period. I'm quite concerned and worried now because I read the PIP help form here and on page 67 it said that the PIP may decide to use my F2F report from ESA claim can this be done though. the lady originally said they will use information held I didn't really understand what she mean but read this only yesterday. if this is the case can I ring and ask them not to use the f2f as the f2f for ESA was awful anyone who knows me reads that even just reading it one will know how contradicting it is where on one page the assessor says no medication brought but few pages later she says I could bend down get the medication out of my bag In fact I didn't have a bag with me all I had was a JD string bad around my neck with water bottle with me she also says that my vision from 40cm but the measurement is incorrect because I was sitting on a chair there was a table between myself and the assessor then a sink behind her where the alphabets were on the wall this is not 40cm. I would like to know please now that I will be appealing to the tribunal do I go through the whole report and justify or focus on my mobility I got my orthotics nurse to take pictures of my leg so one can see exactly what the problem is as the assessor didn't even do any medical check up regardless if she did or not her report wouldn't have got me anywhere. Please Gordon my name appears hamida butt this is my real name can I change to something else as for all I know the assessors or the DWP might be staling for all I know just keep it to Hami110 ???
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7 years 3 months ago - 7 years 3 months ago #177538 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Result of written appeal
Hamida
A quick point, although we do have lots of members who go through the PIP and ESA processes without problems, many of the members who post do so because they are having problems with their claims, however, this does not paint a true image of the process. I am not suggesting that there are not huge issues with the system but the truth of the matter is that the majority of claimants are dealt with in a professional manner and receive the award that they deserve.
ESA reports can be used as part of a PIP assessment, but where they are we have only seen them used in a positive manner and not to deny a claim. There are actually few areas of overlap and even where there are, the criteria can still be very different.
In regard your ESA appeal, I would go through yourPIP2 ESA50 form, the assessment report and the ESA Claim guides. Make sure that you read and understand the criteria that you are being assessed against, many Descriptors have multiple elements and you need to show that you meet all of these to score points. Also where applicable, try and use the same phraseology as is used in the Descriptors in your response.
Wait for the DWP submission before you send in your own so that you can address any issues that are raised in it.
Gordon
A quick point, although we do have lots of members who go through the PIP and ESA processes without problems, many of the members who post do so because they are having problems with their claims, however, this does not paint a true image of the process. I am not suggesting that there are not huge issues with the system but the truth of the matter is that the majority of claimants are dealt with in a professional manner and receive the award that they deserve.
ESA reports can be used as part of a PIP assessment, but where they are we have only seen them used in a positive manner and not to deny a claim. There are actually few areas of overlap and even where there are, the criteria can still be very different.
In regard your ESA appeal, I would go through your
Wait for the DWP submission before you send in your own so that you can address any issues that are raised in it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 3 months ago by Gordon.
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7 years 3 months ago #177568 by Angel110
Replied by Angel110 on topic Result of written appeal
Thank you Gordon,
I am still waiting for the PIP 2 form yet. I have an appointment with my GP next Monday to get a covering letter for ESA appeal. When I receive the PIP2 I will deal with it accordingly. I also wrote to ESA requesting copy of my ESA50 form this was around 28 November by recorded delivery but I haven't received the report yet. Should I contact the department for it. And regarding my comment about reading peoples post it actually helps to share too and gain some experience too. This is a wonderful site I have been a member for 3 years but I only started using it in November 2016 I'm glad I continued renewing it and here I am part of it. I didn't mean it in a negative way about peoples post but how stressful it is dealing with DWP I guess my own view is it's how you word the form if you're not good at writing you may lose out but where does one go to get help its a nightmare CAB you go and wait it the time is up go back again the next day and so on. I shall wait for the DWP correspondence before submitting anything. thank you for your reply no doubt I will be in contact IDC. But I am curious as to how things turned for me in a matter of couple of weeks nobody around my area have had their DWP reviewed yet so I do wonder if it is all connected. I do hope they call me for a f2f visit for the PIP or not at all but Def not use the ESA one.
I am still waiting for the PIP 2 form yet. I have an appointment with my GP next Monday to get a covering letter for ESA appeal. When I receive the PIP2 I will deal with it accordingly. I also wrote to ESA requesting copy of my ESA50 form this was around 28 November by recorded delivery but I haven't received the report yet. Should I contact the department for it. And regarding my comment about reading peoples post it actually helps to share too and gain some experience too. This is a wonderful site I have been a member for 3 years but I only started using it in November 2016 I'm glad I continued renewing it and here I am part of it. I didn't mean it in a negative way about peoples post but how stressful it is dealing with DWP I guess my own view is it's how you word the form if you're not good at writing you may lose out but where does one go to get help its a nightmare CAB you go and wait it the time is up go back again the next day and so on. I shall wait for the DWP correspondence before submitting anything. thank you for your reply no doubt I will be in contact IDC. But I am curious as to how things turned for me in a matter of couple of weeks nobody around my area have had their DWP reviewed yet so I do wonder if it is all connected. I do hope they call me for a f2f visit for the PIP or not at all but Def not use the ESA one.
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7 years 3 months ago #177574 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Result of written appeal
Hamida
That should have Said "ESA50" not "PIP2", sorry!
Do you mean the ESA50 or ESA85 which is the assessment report? In either case, yes you need to chase the DWP.
Invitations to claim PIP are being made at random so it is perfectly possible that you are the only one to have received one amongst those people that you know are receiving DLA.
Gordon
That should have Said "ESA50" not "PIP2", sorry!
Do you mean the ESA50 or ESA85 which is the assessment report? In either case, yes you need to chase the DWP.
Invitations to claim PIP are being made at random so it is perfectly possible that you are the only one to have received one amongst those people that you know are receiving DLA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 3 months ago #177582 by Angel110
Replied by Angel110 on topic Result of written appeal
Gordon
Sorry I'll make it clear the original ESA form completed at the time of review. This has been misplaced by me either at home or when I went for the assessment so I sent DWP recorded letter before my trip requesting copy but I haven't received this yet. over the years my disability has deteriorated due to over working on side of the body I provided at least 15 letters which I had following my visits to the orthopaedic hospital and GP letters but I don't know where I went wrong Gordon I with the form or the f2f assessment with regards to the MR I wasn't given a week let alone 28 days to submit further evidence and MR came in the post
Sorry I'll make it clear the original ESA form completed at the time of review. This has been misplaced by me either at home or when I went for the assessment so I sent DWP recorded letter before my trip requesting copy but I haven't received this yet. over the years my disability has deteriorated due to over working on side of the body I provided at least 15 letters which I had following my visits to the orthopaedic hospital and GP letters but I don't know where I went wrong Gordon I with the form or the f2f assessment with regards to the MR I wasn't given a week let alone 28 days to submit further evidence and MR came in the post
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7 years 3 months ago #177589 by Gordon
Hospital or GP letters are not always the help that claimants would hope them to be, most doctors talk in generalities and may not cover the areas that ESA looks at, so most claimants have to explain in detail why they meet the specific criteria that ESA considers. As an example; it may be reasonable to assume that someone with Arthritis in their legs would have problems walking but this does not mean that they will be restricted to the less than 200m that ESA look at, also and this is an example of the multiple elements that I mentioned, ESA also looks at whether the claimant can self-propel a manual wheelchair, even if there walking was restricted to less than 50m, if they had no problems with using a wheelchair then they would not score points.
This is why you need to go back through each activity to make sure that you have explained why you meet the specific criteria of the Descriptors. Your not having your ESA50 will undoubtedly hamper your doing this and you may have to consider explaining your problems from scratch if you are unable to get a copy in a reasonable timescale.
An award will only be made by your showing that you meet the criteria for one, whilst you should not ignore issues in the assessment report, showing that the assessors observations and conclusions are incorrect will not in itself result in an award.
As to the ESA50, chase the DWP for a copy.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Result of written appeal
hamida wrote: Gordon
Sorry I'll make it clear the original ESA form completed at the time of review. This has been misplaced by me either at home or when I went for the assessment so I sent DWP recorded letter before my trip requesting copy but I haven't received this yet. over the years my disability has deteriorated due to over working on side of the body I provided at least 15 letters which I had following my visits to the orthopaedic hospital and GP letters but I don't know where I went wrong Gordon I with the form or the f2f assessment with regards to the MR I wasn't given a week let alone 28 days to submit further evidence and MR came in the post
Hospital or GP letters are not always the help that claimants would hope them to be, most doctors talk in generalities and may not cover the areas that ESA looks at, so most claimants have to explain in detail why they meet the specific criteria that ESA considers. As an example; it may be reasonable to assume that someone with Arthritis in their legs would have problems walking but this does not mean that they will be restricted to the less than 200m that ESA look at, also and this is an example of the multiple elements that I mentioned, ESA also looks at whether the claimant can self-propel a manual wheelchair, even if there walking was restricted to less than 50m, if they had no problems with using a wheelchair then they would not score points.
This is why you need to go back through each activity to make sure that you have explained why you meet the specific criteria of the Descriptors. Your not having your ESA50 will undoubtedly hamper your doing this and you may have to consider explaining your problems from scratch if you are unable to get a copy in a reasonable timescale.
An award will only be made by your showing that you meet the criteria for one, whilst you should not ignore issues in the assessment report, showing that the assessors observations and conclusions are incorrect will not in itself result in an award.
As to the ESA50, chase the DWP for a copy.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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