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Copy of ESA Assessors report to PIP Assessor?
- Brian G
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4 years 2 months ago #256047 by Brian G
Copy of ESA Assessors report to PIP Assessor? was created by Brian G
Hello all.
I've been a member here for sometime now, but this is my first posting on the Forum.
I had a WCA for ESA back in 2016 where I was placed in the Support Group. I was assessed by a 'Health Professional' who in actual fact was a retired GP. He concluded the report by saying he doubted very much that my condition would improve any more than it had and may well become worse. In 2017 I had to migrate from DLA to PIP and like so many others at the time and since scored too few points to qualify. The PIP Assessor was a Paramedic who was hostile from the start and the report he submitted was littered with half truths and downright lies. Blah...blah...blah you no doubt hear this a lot. What I cannot understand is how the opinion of a Paramedic can contradict that of a Doctor. Further, I was wondering if there would
be any benefit of enclosing a copy of the ESA report with my PIP Claim? Hope this makes sense. Sorry for rambling on. Any advice would be very much appreciated.
I've been a member here for sometime now, but this is my first posting on the Forum.
I had a WCA for ESA back in 2016 where I was placed in the Support Group. I was assessed by a 'Health Professional' who in actual fact was a retired GP. He concluded the report by saying he doubted very much that my condition would improve any more than it had and may well become worse. In 2017 I had to migrate from DLA to PIP and like so many others at the time and since scored too few points to qualify. The PIP Assessor was a Paramedic who was hostile from the start and the report he submitted was littered with half truths and downright lies. Blah...blah...blah you no doubt hear this a lot. What I cannot understand is how the opinion of a Paramedic can contradict that of a Doctor. Further, I was wondering if there would
be any benefit of enclosing a copy of the ESA report with my PIP Claim? Hope this makes sense. Sorry for rambling on. Any advice would be very much appreciated.
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- Catherine
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4 years 2 months ago #256049 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Copy of ESA Assessors report to PIP Assessor?
Hello Brian,
yes, you make perfect sense!
Yes, you can include any evidence you wish with your claim. However as I have thought about your question I can see an arguement for both sides.
For including it: if you can argue that a GP is likely to have a greater understanding of your particular condition than a paramedic then I would include that too. Of course the GP only said that he doubted that your condition would improve, not that it definately would not.
Against including it: if the decision is that your condition is not now how the GP described it could possibly trigger a review of your ESA.
Your best option would be to get a supporting letter from a GP or other specialist who knows you now, rather than rely on something written 4/5 years ago.
I assume this is all linked to making a new claim for PIP, since unless you are a long way down the appeal route on your 2017 PIP decision, it is too late to be challenging that.
Do come back to us if I have got the wrong end of the stick here, or if you have any other questions,
Catherine
yes, you make perfect sense!
Yes, you can include any evidence you wish with your claim. However as I have thought about your question I can see an arguement for both sides.
For including it: if you can argue that a GP is likely to have a greater understanding of your particular condition than a paramedic then I would include that too. Of course the GP only said that he doubted that your condition would improve, not that it definately would not.
Against including it: if the decision is that your condition is not now how the GP described it could possibly trigger a review of your ESA.
Your best option would be to get a supporting letter from a GP or other specialist who knows you now, rather than rely on something written 4/5 years ago.
I assume this is all linked to making a new claim for PIP, since unless you are a long way down the appeal route on your 2017 PIP decision, it is too late to be challenging that.
Do come back to us if I have got the wrong end of the stick here, or if you have any other questions,
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Brian G
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- Brian G
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4 years 2 months ago #256092 by Brian G
Replied by Brian G on topic Copy of ESA Assessors report to PIP Assessor?
Thanks for the reply Catherine. Yes I see how this could be a double edged sword so to speak. My GP flatly refuses to get involved unless DWP contact her directly. It seems my GP works for UK Gov and not the tax payer as I was always brought up to believe. In addition, I have a complex mental health issue which without too much stress and hassle my partner and I manage to keep a lid on. My experience with Mental Health Services where I live has been far from positive and as such made a choice back in 2016, to not engage with them. So a recent health specialist report would be hard if not impossible to come by.
Yes you presume correctly, I am making a fresh claim for PIP. Nothing to lose and hopefully it will have a positive outcome.
Not sure what, if anything counts as 'evidence'. Indeed, I didn't realise I was going to 'trial'! It all seems pretty hopeless and very daunting at times. I definitely don't need the stress but we do need the money. Years of paying NI contributions and taxes to be made to feel like a scrounger when I need help. George Orwell's' dystopian nightmare seems to fast becoming reality.
Any ideas that might increase my chances of a successful claim?
Many Thanks
Yes you presume correctly, I am making a fresh claim for PIP. Nothing to lose and hopefully it will have a positive outcome.
Not sure what, if anything counts as 'evidence'. Indeed, I didn't realise I was going to 'trial'! It all seems pretty hopeless and very daunting at times. I definitely don't need the stress but we do need the money. Years of paying NI contributions and taxes to be made to feel like a scrounger when I need help. George Orwell's' dystopian nightmare seems to fast becoming reality.
Any ideas that might increase my chances of a successful claim?
Many Thanks
The following user(s) said Thank You: denby
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- BIS
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4 years 2 months ago #256097 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Copy of ESA Assessors report to PIP Assessor?
Hi Brian
Typically the DWP prefer evidence that is less than three years old, but that doesn't mean you shouldn't use old evidence. I've frequently used old evidence with claimants either because they had nothing else or because I wanted to show that they had long-standing problems. (Some of it has been 30 years old). If you're going to put in the ESA form as evidence - it's not enough just to include it because the criteria for PIP and ESA are different. Make reference to the specific bits that will help you and are relevant. For example, where you are asked to write about medical conditions - you could highlight when you mention that - the evidence from the doctor. Quote what he said and put a reference to the ESA report. You can make as many references as you want throughout your evidence that is relevant.
Have a look at the guide UC/ESA PIP overlap, because it's important you understand the difference between the criteria for both.
In terms of your mental health (if you want that to be part of your claim), you will need to make it clear why you don't engage with services. Tell them about your poor experiences. They tend to believe everyone should be having current treatment - which is entirely realistic. Get your partner to include a letter about your mental health and what they have observed about what you experience and the impact. Make sure they keep in mind the PIP criteria.
BIS
Typically the DWP prefer evidence that is less than three years old, but that doesn't mean you shouldn't use old evidence. I've frequently used old evidence with claimants either because they had nothing else or because I wanted to show that they had long-standing problems. (Some of it has been 30 years old). If you're going to put in the ESA form as evidence - it's not enough just to include it because the criteria for PIP and ESA are different. Make reference to the specific bits that will help you and are relevant. For example, where you are asked to write about medical conditions - you could highlight when you mention that - the evidence from the doctor. Quote what he said and put a reference to the ESA report. You can make as many references as you want throughout your evidence that is relevant.
Have a look at the guide UC/ESA PIP overlap, because it's important you understand the difference between the criteria for both.
In terms of your mental health (if you want that to be part of your claim), you will need to make it clear why you don't engage with services. Tell them about your poor experiences. They tend to believe everyone should be having current treatment - which is entirely realistic. Get your partner to include a letter about your mental health and what they have observed about what you experience and the impact. Make sure they keep in mind the PIP criteria.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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