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Esa reports used at pip review?

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7 years 10 months ago #164501 by junemason1973@ms
Esa reports used at pip review? was created by junemason1973@ms
Hi , I've just received my decision on my esa MR to be placed back into the support group and they didn't change it.
My question is the esa assessment report basically states that there's no evidence of the extent of my depression and anxiety and that I can do all of the things I've told them I struggle with.
I'm exhausted both mentally and physically and can't face going to appeal, I'm just done, plus I've just found out that I most likely now also have MS. although my symptoms were pretty much dismissed by both the hcp and the decision maker. It looks as though I just made the wrag by regulation 29.


My worry is that they will use this esa report as evidence at my pip review ,which is due before the end of the year and that I'll lose my pip enhanced care award. Can they do this?

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7 years 10 months ago #164514 by Gordon
Replied by Gordon on topic Esa reports used at pip review?
June

I'm sorry that you haven't been able to get the Decision revised.

We have not seen a single occasion where a negative award for ESA has impacted on a PIP award, the criteria are sufficiently different that it would be difficult to make assumptions from one to the other.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: junemason1973@ms

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7 years 10 months ago #164582 by junemason1973@ms
Replied by junemason1973@ms on topic Esa reports used at pip review?
Thanks for the reply.
I read in the guide's that a medical report for ESA can be used to look again at you PIP award as some of the question , while not the same can overlap?
The HCP disagreed with quite a bit of what I said.
Now I'm worried sick about my PIP being stopped.

Also could you please tell me if I ask the DWP to reassess my ESA claim due to my worsening symptoms, will they treat that as a new claim?
Would that mean I would have to go back to getting sick notes ? Or would it be treated as a reassessment/review with possibly another face2face?

Thank you

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7 years 10 months ago #164602 by Gordon
Replied by Gordon on topic Esa reports used at pip review?

june2016 wrote: Thanks for the reply.
I read in the guide's that a medical report for ESA can be used to look again at you PIP award as some of the question , while not the same can overlap?
The HCP disagreed with quite a bit of what I said.
Now I'm worried sick about my PIP being stopped.

Also could you please tell me if I ask the DWP to reassess my ESA claim due to my worsening symptoms, will they treat that as a new claim?
Would that mean I would have to go back to getting sick notes ? Or would it be treated as a reassessment/review with possibly another face2face?

Thank you


ESA reports can be used but we have only seen them used in a positive way to increase a PIP award.

Whatever the reason for your ESA reassessment, it will be treated as an on-going claim, your current award remains in place until a new Decision is made. You should treat any reassessment as a new one and complete the ESA50 in detail and provide any evidence you have, even if it has been submitted before. A new face to face is a real possibility.

Gordon

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

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