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PIP and ESA
- MrsC1983
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4 years 5 months ago #253199 by MrsC1983
PIP and ESA was created by MrsC1983
Hi, first time posting.
I just wrote it all out then it timed out and my internet went mad and I lost it all.
In a nutshell I get ESA and PIP, I have been claiming these for a number of years due to mental health. I had to be reassessed in February this year and months and months later they still hadn’t written so husband called them and they said they had all info needed and would just write with a decision soon. Didn’t happen, called them again and they said they now didn’t have the info needed and I would have to have a phone assessment, which happened in September. Got their decision today and their report (which is full of lies), they have scored me zero on everything and have stopped my claim. Obviously I’m not hugely pleased about this and will be appealing, but my ESA doesn’t appear to be pending in my bank account which it would normally, so I’m worried they have used this to stop that too.can they do this? I can’t get through to anyone on any number, nothing is working
I just wrote it all out then it timed out and my internet went mad and I lost it all.
In a nutshell I get ESA and PIP, I have been claiming these for a number of years due to mental health. I had to be reassessed in February this year and months and months later they still hadn’t written so husband called them and they said they had all info needed and would just write with a decision soon. Didn’t happen, called them again and they said they now didn’t have the info needed and I would have to have a phone assessment, which happened in September. Got their decision today and their report (which is full of lies), they have scored me zero on everything and have stopped my claim. Obviously I’m not hugely pleased about this and will be appealing, but my ESA doesn’t appear to be pending in my bank account which it would normally, so I’m worried they have used this to stop that too.can they do this? I can’t get through to anyone on any number, nothing is working
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4 years 5 months ago #253207 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP and ESA
MrsC
Did you ESA have any Premiums that were dependant on your PIP award, for example; the Severe Disability Premium which shows as "money because you are severely disabled"?
If you do then this could mean that your ESA has had to be adjusted and this could mean that it could not be paid automatically but they should still have done a manual payment.
If you haven't been paid then you need to contact the DWP office dealing with your ESA claim.
As to your PIP
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
Did you ESA have any Premiums that were dependant on your PIP award, for example; the Severe Disability Premium which shows as "money because you are severely disabled"?
If you do then this could mean that your ESA has had to be adjusted and this could mean that it could not be paid automatically but they should still have done a manual payment.
If you haven't been paid then you need to contact the DWP office dealing with your ESA claim.
As to your PIP
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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