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Query about ESA?PIP

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3 years 10 months ago #260784 by Tracy
Query about ESA?PIP was created by Tracy
Hello all, what with COVID i am waiting for the normal questionnaire to be sent out to me (was told fit for work went to court and went in my favour and told to not reassess for at least 24 months which ended last August) I have numerous medical issues which the list is getting longer sadly. I am confused though as i believe i should be in the ESA support group now but i have been told i can claim ESA and PIP at the same time from 3 people i know who do claim BUT i was told i couldn't as i am not ill enough and if i were to fail my PIP claim (which apparently you do no matter what first time round and have to do a MR) then my ESA claim would be looked into and stopped. I was told this a while ago but i'm not contacting anyone until i know what is right. Any help or info would be great please.

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3 years 10 months ago #260829 by Gary
Replied by Gary on topic Query about ESA?PIP
Hi Tracy

You can claim both ESA and PIP at the same time, they are both seperate benefits with only a slight overlap, if you look in the Members Only Guides under ESA there is a link called UC/ESA and PIP overlap which describes the overlaps. Many of our members claim both ESA and PIP.

We have some very good guides to help you claim PIP and ESA.

PIP is not awarded because of the condition but rather the limitations that result and prevent a claimant from completing a range of everyday activities. Have a look at our PIP Claim guide for a better understanding of the criteria you will need to meet.

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

Read about the reliability element in the guide - if you cannot do something:

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and acceptable standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a reasonable time period – no more than twice as long as a person without a physical or mental health condition would take to carry out the activity.

then you should not be considered able to do the activity.

ESA is an indefinite award with scheduled reassessment based on the Prognosis Date completed by the assessor in their report, so your existing ESA award continues in payment until a new Decision is made. To be placed in the SG you need to meet one or more the SG Descriptors, have you looked to see whether this is the case or not, the Descriptors are listed in our ESA Claim guide.

www.benefitsandwork.co.uk/help-for-claimants/esa1

There are two parts to the work capability assessment :-

The first part looks at whether you have 'limited capability for work' (LCW) work group, (15 points).
The second part looks at whether you have a 'limited capability for work related activity' (LCWRA) support group.

Your ESA claim will not stop because you failed to claim PIP.

PIP cannot be backdated, it starts from the date you phone DWP to make a claim for PIP. If you are successful in claiming the Daily Living component of PIP then you may be entitled to an additional premium(s) for your ESA, providing you are claiming IR ESA.

If you have any further questions then please come back to the forum.

Gary

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

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3 years 10 months ago #260830 by LL26
Replied by LL26 on topic Query about ESA?PIP
Hi Tracy,
PIP and ESA are each independent benefits although many people who are disabled and can not work will be eligible for both.
Both benefits work on a points system. Fir ESA points are awarded for having difficulties in managing activities that are linked to the sort if thing that would be work related or a necessary skill to do with faciliatatng work.
PIP on the other hand is for people who need help with daily living activities or mobility. There are overlaps with some of the PIP and ESA activities, it is theoretically possible that someone will be entitled to one benefit but not the other. However, these situations only occur in very rare situations.
Have a look at the members guides which give a lot of information about both benefits. You will begin to see certain overlaps.
There are plenty of people who having been on ESA realise that they could also claim PIP. (Or vice versa.) Many of these people receive PIP in the first instance and do not have to appeal. The important thing is to make the best possible claim. The guides give details of how to write forms etc to give the best chance of success. Whilst none of us here will promise that you will succeed without needing an MR or appeal, following the guides will make this less likely.
Yes, sometimes ESA does get revised if your PIP claim is rejected, but you can appeal ESA straight away if this does happen. Again, on many many times ESA is not changed by a PIP decision.
So it seems that there are a few myths about claiming PIP and ESA.
If you have disabilities sufficient to perhaps be in the Support Group, then there us every chance thst you would be able to claim PIP. The PIP journey can be a bit difficult for some, but definitely not all, but you should definitely claim if you are eligible. This is your money, don't lose it !
I hope this helps.
LL26

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

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3 years 10 months ago #260839 by Tracy
Replied by Tracy on topic Query about ESA?PIP
Hello Gary,
Many thanks for you very lengthy and thorough reply to my query. Your message says that my ESA would not be stopped if i failed to claim PIP., BUT someone else has replied that it yes it can happen but i can appeal, i am confused. I can't risk my ESA being stopped as that is all i get.
I hope you can clear this up for me.
Thank you
Tracy

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3 years 10 months ago #260859 by Gary
Replied by Gary on topic Query about ESA?PIP
Hi Tracy

LL26 was informing you that sometimes a claimant's ESA can be re-assessed if a PIP application fails, it is quite rare but it can happen. I personally have never come across a case but we do hear on the forum now and again of claimants who get awarded zero points on PIP suddenly get a ESA review form, it could be a coincident.

I tell my clients that it is harder to awarded ESA support than to be awarded PIP. As LL26 says check out our guides they are very well written if you are unsure then take our PIP test: PIP self - test PIP self test

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: LL26

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