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ESA Medical/Tribunal.
- singingman
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8 years 10 months ago - 8 years 10 months ago #161214 by singingman
ESA Medical/Tribunal. was created by singingman
I had my PIP medical on the 26th of January 16 in Plymouth and I must admit I expected to get 0 points. Instead I was awarded High rate Mobility, Low rate Care, which was a conversion from DLA to PIP at the same rate. I had Mr Tony Lea of Benefit Resolutions of Truro with me to record the medical (I requested that it be recorded, it was a CD recording) and help with my case.
I assume because I live alone as a single man and have no other option but to care for myself, I have never got beyond low rate care. However I won my PIP and I'm well happy.
On the 4th of March 16 I had my ESA medical in Plymouth and was awarded 0 points. I told the medical officer that I was awarded PIP and this clearly made no difference. Work that one out......
This medical was recorded on a twin cassette tape machine. Mr Lea did not attend this medical.
I was then placed on JSA and have to sign on each fortnight. Even though I have had the 'Mandatory Reconsideration' put through and am awaiting a tribunal date I still have to sign on.
My GP gave me an 'Unfit for work' sick note, but this has made NO difference.
Mr Lea has since helped me with the ream of paperwork from the mandatory reconsideration/tribunal people with a stiff letter of complaint regarding unlawfulness in my medical points. I am grateful that I am being helped. I also read the Forum post and advise given by this amazing site and hopefully, this time, I will win my ESA tribunal.
What is odd though is that it seems that because I am on crutches for mobility, I suffer blinding pain in my back, hips & neck, I have chronic IBS and sadly soil myself regularly, I didn't get a single point at my medical.
I am at a loss as to just what qualifies as disabled in the ESA world where in PIP land, I am seen as disabled. I was under the impression that not only was PIP almost impossible to get but that disability was recognised by ESA when awarded PIP! Clearly I am wrong.
It would be interesting if others have had similar experiences?
D. Plymouth, Devon.
I assume because I live alone as a single man and have no other option but to care for myself, I have never got beyond low rate care. However I won my PIP and I'm well happy.
On the 4th of March 16 I had my ESA medical in Plymouth and was awarded 0 points. I told the medical officer that I was awarded PIP and this clearly made no difference. Work that one out......
This medical was recorded on a twin cassette tape machine. Mr Lea did not attend this medical.
I was then placed on JSA and have to sign on each fortnight. Even though I have had the 'Mandatory Reconsideration' put through and am awaiting a tribunal date I still have to sign on.
My GP gave me an 'Unfit for work' sick note, but this has made NO difference.
Mr Lea has since helped me with the ream of paperwork from the mandatory reconsideration/tribunal people with a stiff letter of complaint regarding unlawfulness in my medical points. I am grateful that I am being helped. I also read the Forum post and advise given by this amazing site and hopefully, this time, I will win my ESA tribunal.
What is odd though is that it seems that because I am on crutches for mobility, I suffer blinding pain in my back, hips & neck, I have chronic IBS and sadly soil myself regularly, I didn't get a single point at my medical.
I am at a loss as to just what qualifies as disabled in the ESA world where in PIP land, I am seen as disabled. I was under the impression that not only was PIP almost impossible to get but that disability was recognised by ESA when awarded PIP! Clearly I am wrong.
It would be interesting if others have had similar experiences?
D. Plymouth, Devon.
Last edit: 8 years 10 months ago by slugsta.
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8 years 10 months ago - 8 years 10 months ago #161218 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA Medical/Tribunal.
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 have removed your full name form your post as that, along with your geographical location, might make it easy for someone to identify you. We do suggest a modicum of anonymity on the forum when discussing medical details
You really are being given the run-around, aren't you?
I'm very glad that you had help and support with your PIP claim - and that it was a successful one.
The criteria for PIP are very different from the ones for ESA. After all, it is entirely possible for someone to claim enhanced PIP and yet work full time. Even where the descriptors seem to coincide, they are actually quite different (especially with the mobility requirements). Nevertheless, to go from an award of PIP to 0 points for ESA is rather hard to swallow!
I believe that there was an assumption with IB that a claimant automatically qualified if in receipt of DLA. I'm afraid there is no such thing with ESA and DLA/PIP
You are the second person today who has reported being still expected to fulfill work seeking requirements for JSA despite handing in a fitnote once the claim was accepted. I don't know if this is just the misunderstanding of a few JobCentre+ advisers or whether this is change in guidance from DWP.
Once the Tribunal Service have notified DWP that your appeal has been accepted, you can request your ESA assessment rate payments to be re-instated (as long as this does not take you above the 365 days payment allowed when on contributory ESA and not in the Support Group).
You might want to bookmark/favourite this on your web browser now so that you can find it easily in future. This will allow you to return with further questions/comments without having to start anew topic each time. It helps us enormously when everything relating to the same claim is kept in one place - and I hope you will find it useful too
Welcome to Benefits and Work
I have removed your full name form your post as that, along with your geographical location, might make it easy for someone to identify you. We do suggest a modicum of anonymity on the forum when discussing medical details

You really are being given the run-around, aren't you?

I'm very glad that you had help and support with your PIP claim - and that it was a successful one.
The criteria for PIP are very different from the ones for ESA. After all, it is entirely possible for someone to claim enhanced PIP and yet work full time. Even where the descriptors seem to coincide, they are actually quite different (especially with the mobility requirements). Nevertheless, to go from an award of PIP to 0 points for ESA is rather hard to swallow!
I believe that there was an assumption with IB that a claimant automatically qualified if in receipt of DLA. I'm afraid there is no such thing with ESA and DLA/PIP

You are the second person today who has reported being still expected to fulfill work seeking requirements for JSA despite handing in a fitnote once the claim was accepted. I don't know if this is just the misunderstanding of a few JobCentre+ advisers or whether this is change in guidance from DWP.
Once the Tribunal Service have notified DWP that your appeal has been accepted, you can request your ESA assessment rate payments to be re-instated (as long as this does not take you above the 365 days payment allowed when on contributory ESA and not in the Support Group).
You might want to bookmark/favourite this on your web browser now so that you can find it easily in future. This will allow you to return with further questions/comments without having to start anew topic each time. It helps us enormously when everything relating to the same claim is kept in one place - and I hope you will find it useful too

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 10 months ago by slugsta. Reason: typo
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