Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members

TOPIC: Appeal Won and now ESA50 has arrived today

Appeal Won and now ESA50 has arrived today 2 weeks 6 days ago #197999

Rumplestiltskin

Go through the PIP2, the assessment report and the PIP claim guide to work out why she has failed to score points.

This could be because

- You have not shown that she has met the criteria, the Descriptors can be very specific and even using the wrong language could mean she is treated as not meeting it.

- You have misinterpreted the criteria, it is easy to try and make the Descriptors fit her conditions but this will never work, you have to make the conditions fit the Descriptors if you reasonably can.

- The assessor has misinterpreted her problems, this may be due to a lack of knowledge so perhaps a mental health nurse will be less understanding of physical issues and a physiotherapist may not understand mental health problems despite their additional training.

You can't assume this but if you can show from the report that this is likely then it may be possible to override the report. Do this by using reference material, usually common symptoms.

- Lastly, the assessor has misrepresented the assessment, all you can do is correct the errors, but stick to issues that lead to points.

Gordon

Please Log in or Create an account to join the conversation.

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

Appeal Won and now ESA50 has arrived today 2 weeks 6 days ago #198017

Also do a daily diary for her, I found this helps enormously and Good Luck.

Please Log in or Create an account to join the conversation.

Appeal Won and now ESA50 has arrived today 2 weeks 6 days ago #198036

Thanks Judy - we will start a daily diary.
Thanks to you too Gordon for the continuing advice. What I am struggling to get my head round is the direct contradictions between the assessment report and her written responses, coupled with items where no questioning on various aspects took place at the f2f. Example - Assessment states "Can work safely in the Kitchen." As she was not asked about this she did not volunteer any information at the f2f.. The paperwork submitted clearly stated that she can no longer use the oven due to sustaining repeated burns trying to lift things from the oven which is at knee height. Also stated in writing she cannot carry a kettle of boiling water safely, similarly with pots and pans. As only the family are aware of and witnessed these occasions, how is this presented as evidence at the appeal? There are similar examples across most of the descriptors - her submission appears to have been totally ignored/rejected.

Please Log in or Create an account to join the conversation.

Appeal Won and now ESA50 has arrived today 2 weeks 6 days ago #198054

Rumplestiltskin

PIP does not consider the use of an oven and all preparation and cooking has to be at waist height, also, the DWP take the view that there is no need for a claimant to carry hot water, they can fill from cold and then heat and remove heated food from a pan using a slotted spoon so if these were the only problems that you documented for Preparing Food then this is probably why she was not asked about this.

It sounds as if you need to go back to the Claim guide to understand the criteria against which she is being assessed against, then explain the problems that she has with completing them and why. Remember the DWP will be looking the aids that can be used and the help from someone else that would allow your partner to complete the activities.

The PIP activities must be completed reliably and on the majority of days, so if she has problems with doing this then you should explain.

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.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Gordon.

Appeal Won and now ESA50 has arrived today 2 weeks 6 days ago #198067

Sorry, not wishing to poke my nose in, but just in case there has been an error, isn't the OP talking about ESA and not PIP ? Perhaps I have missed something or misunderstood, but thought I should mention just in case there is accidental crossed wires here. Perhaps I have missed something though, might be my mistake.

Please Log in or Create an account to join the conversation.

Appeal Won and now ESA50 has arrived today 2 weeks 6 days ago #198071

Benson

You are correct so thanks :blush: although I am a bit confused myself as Rumplestiltskin has replied with further questions that are PIP related rather than ESA. They will have to qualify what benefit the appeal is about.

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Gordon.
Moderators: bro58GordonMrs Hurtyback