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6 years 7 months ago #196888 by gixxacath
Replied by gixxacath on topic esa pip
can i challenge the pip desision as i was going to court to appeal then she rang me up to say i had enhanced then rang me up to change it to daily living , i exepted but she didnt explain every thing on what was on the reward i am also deaf as well,i received the reward and i dont agree to the comments and the desision,

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6 years 7 months ago #196889 by gixxacath
Replied by gixxacath on topic esa pip
yes i worked but was on sick nov 2016 until jan 2017 then april 2017 until they finised me in august

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6 years 7 months ago #196910 by Gordon
Replied by Gordon on topic esa pip

kath wrote: ,i after a year will i get pip automaticly because of my stamp being paid, also i was paid at my 7.5 hour job why i was off sick ,the other job was a cleaning /school job and they dont pay sick pay,


You really don't need to post all of these extra comments, the Moderators are only online at certain times of the day, so if you post at midnight you are not going to get a response until the next afternoon.

I assume you mean ESA rather than PIP?

No you wont automatically be transferred to ESA(CB) next year. You would have to close your existing claim, wait at least 12 weeks and then make a brand new claim, but based on your comments about doing two jobs and the hours that you have worked then I would be very surprised if you would be eligible for ESA(CB) as you still will not have acquired sufficient NI Contributions.

You've suggested several times that despite being in the Support Group that you are not receiving any payments, why is this? What have the DWP said?

Gordon

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

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6 years 7 months ago #196915 by Gordon
Replied by Gordon on topic esa pip

kath wrote: can i challenge the pip desision as i was going to court to appeal then she rang me up to say i had enhanced then rang me up to change it to daily living , i exepted but she didnt explain every thing on what was on the reward i am also deaf as well,i received the reward and i dont agree to the comments and the desision,


The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

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

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

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

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6 years 7 months ago #196931 by gixxacath
Replied by gixxacath on topic esa pip
i have got 15 points from a recennt medicle for esa, it says we have looked at a recent change .we cannot pay you because you have not paid or been credited with enough national insurence contributions, we ave used thhe years 5 april 2015 and 5th april 2016 to assess your claim,so they are paying my stamp , also i am going on here for help as i have paid for the subscription and didnt think it was limited time to ask questions ,i have posted at late times because i do not sleep well,i didnt expect you to answear the next day ,i allready feel stressed over this all,if .all the letters say this from esa, i am happy to wait in line for anyone to answear me .thank you if you can advice at any given time i would be happy .

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6 years 7 months ago #196932 by gixxacath
Replied by gixxacath on topic esa pip
i have received the medicle report and i have rang up the courts to say i do not agree with the decision maker ,i have got an appointment at wigan cab on the 14th of sep. at 9.30 so i am sure it will get sorted,

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