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TOPIC: ESA claim

ESA claim 7 months 4 days ago #184808

Cruella

I know of nothing that prevents a claimant from using PIP evidence in regard an ESA claim, providing the information is relevant to ESA in the first place, for example; details of a claimants problems with preparing food are not but issues with walking would be, at least in part.

Gordon

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

ESA claim 7 months 3 days ago #184851

I rang them back, I mean I rang back the Health Assessment Advisory Service. This time I got a lady who said as you say it is absolutely fine to use PIP evidence for the ESA claim. She did however say that the letter saying I cannot attend a f2f should not be done until the appointment for the f2f comes out. She said the letter saying that I cannot attend a f2f is not allowed to be more than 3 months older than the f2f appointment. She said if I got a letter done now it would be of no use if the f2f appointment came out beyond the 3 months. She could not give me any idea of how long medical assessments/f2f appointments were taking to be made from date of claim/return of ESA50 and that it could easily be more than 3 months. So dilemma is , if I wait for the f2f appointment to be issued to get a letter, then getting a letter that quickly before the appointment date will not be easy. But if I get one early, then it may end up being too old to use, and I would have to hassle doctors for another. So what to do?

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ESA claim 7 months 3 days ago #184860

Cruella

The advice you got from the second lady is good, but is moot unless you actually make a claim for ESA!

Gordon

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

ESA claim 7 months 3 days ago #184879

Are you being a little cheeky lol. I will be claiming soon:) I know this is an ESA section, but I am still battling slightly with the DWP over my PIP. I wanted to finalise the PIP before starting the ESA. My little battle with PIP is just getting the DWP to look at the ATOS questionnaire that my GP returned too late for the award. I have been trying to get the DM to look at it cos I believe it contains evidence that would overturn my mobility lack of award. However I received a letter today from DWP saying that they are not changing their decision after reading the evidence(they call it a letter whereas it is actually a questionnaire-I think over the phone it was referred to as a report) that came in late but they refer to the GP evidence dated 5/12/17! Do DMs have such special powers they can see into the future ?! Goodness knows where that date came from!!! It is nothing like the actual date of the ATOS GP questionnaire. But now I do not know for sure if they have even been looking at the right piece of evidence, what with referring to it as a letter and getting the date of it wrong. So the plot thickens........ No need to reply, for amusement purposes only:)

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ESA claim 7 months 3 days ago #184903

Cruella

The simple fact is that the revision rate at MR is very low, so you need to decide whether to quit this part of the process and move on, or take the view that the GP's letter has not been properly considered and push for them to look at it again.

Given they appear to make reference to letter/report, personally I would assume that they have considered it but it really is your decision.

If you decide to go to the next stage of appeal then the PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

If you have further questions then please reply to this post and we will do our best to help.

Gordon
The following user(s) said Thank You: Cruella

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

ESA claim 6 months 3 weeks ago #185415

I think if my GP had known the PIP descriptors, she may have been able to word her evidence in a more targeted way and I may well have got a mobility award. As it happens I have given up and am not contesting my PIP decision mainly because of risk of losing the enhanced daily living , where I go 13 points. Now moving onto ESA and studying the descriptors and wondering whether I should send a copy of the descriptors to my GP to ensure I do not lose out again. I worry though that she my think I am trying to manipulate the system. But if her evidence is not detailed or targeted enough for the ESA descriptors, I could find myself not getting ESA which would be a nightmare for me because I could not cope. And I could not cope with an appeal either. So do you think I should write to my GP highlighting the descriptors?

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