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PIP continuation

  • Kevin Lee
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8 years 1 month ago #157189 by Kevin Lee
PIP continuation was created by Kevin Lee
My wife Shirley is the claimant and I do the writing :laugh:

History: After not being able to work (she was a nurse 30+ years ago) she was put on the old incapacity benefits being rechecked on several occasions during that time to make sure that she still qualified and passing the tests, a couple of years ago she was asked to fill in forms to move from Incapacity Benefit on to ESA. Met Atos for a 15min meeting and was told she was fit enough for work. We appealed, had a 10 min talk on the phone and Atos said she was fit to work. Took it to a tribunal and after 10 min in the room was told that our claim was upheld and that ATOS should not re-examine for at least 2 years which was a great relief. However this was short lived as after the year was up, she was then informed that as she was not in a work group, that was it times up no more money. she went into a depressed state and would not look to appeal yet again. She could not look for work even if she could do it (because the tribunal had said she could not work for at least 2 years) so no job seekers allowance. We looked at the process of getting into the work group but as I said, she lost the will to go forward with this. We did contact some other groups for assistance when we were doing the tribunal who told us about PIP and going for a Blue Badge.

we applied and won and Shirley was awarded the standard Pip for both Mobility and daily living about 2 years ago (and we got a blue badge award at the same time).

We have just been sent forms about looking at her personal payment again.So as nothing has fundamentally changed we are going through the questions as we speak.

So to my question: Can anyone tell me if there is any sort of short cut to say 'nothing has changed' to save having to do this? After all this is not a new claim but a continuation.
If I have to start all over again, is there any info and advice that people can give (outside of the Members guides that are on the web site) to help with a continuation not a new claim?
regards
Kevin

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8 years 1 month ago - 8 years 1 month ago #157247 by Gordon
Replied by Gordon on topic PIP continuation
K

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

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

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Dealing with the PIP first.

I'm afraid each reassessment is treated as if it is a new claim so you must complete this new form in detail and supply evidence to support your claim, even if it has already bee submitted.

I would have a look at our PIP Claim guide to make sure that you fully understand the criteria against which she is being assessed.

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

As to your wife's ESA.

From your post, your wife was placed in the WRAG group as a result of the Tribunal and because she was receiving Contribution Based ESA this was limited to 365 days of payments.

This being the case then she still has an ongoing claim for ESA, she is just not entitled to payment but is receiving NI Credits that count towards a full State Pension.

Two things;

Have you checked whether she would be eligible for Income Related ESA? ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

If you believe that she is entitled to ESA(IR) payments then you should contact the DWP and ask to be financially assessed, this usually required the completion of an ESA3.

Independently or in parallel, if your wife's conditions have deteriorated and you can show that this is the case AND you now believe that she meets the criteria for the Support Group then she can ask to be reassessed and if successful then her ESA(CB) will be put back into payment . See the ESA Claim guides for an explanation of the SG criteria.

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

If you have further questions the please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by Gordon.

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