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ESA AND PIP

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6 years 11 months ago #188530 by Christopher Corson
ESA AND PIP was created by Christopher Corson
I am new to this website and my grammar is not the best but here goes REALLY need help desperately
Both Twins Suffer With
1 ADHD ODD Impulse Disorder
2 Chronic Asthma and COPD
3 Chronic Skin Conditions
4 Chronic Nose Issues Due for Surgery but was diagnosed with MRSA (Mark Only)
4 Anxiety Depression AGGRESIVE Behaviour Paranoia
5 Self Harm Suicide Risk
6 Learning Difficulties
7 Chronic Eyesight issues both severely Long Sighted
8 Bowel and soiling issues
9 Lots of Allergies
My twin boys ill since birth due to being premature 12 weeks early as a result of this left them with mental health and physical conditions been on DLA all their lives Mum was claiming for them up to the age of 19. Now when they were 19 they had to make their own claims so me and mum had to fill an ESA50 Form that was 2014 they then began to hand in sick notes this continued for 2 years without any assessment at the end of 2015 into 2016 a WCA letter arrived but no ESA50s Forms so we phoned ESA to ask why there was no ESA50 form they said 'We have all the information needed and where not going to allow any further evidence to be .Which were shocked and deeply stressed as a family They both attended to WCA and both failed with 0 points We then received a call about 3 days after Marks WCA and they were gloating on the phone and said 'he will have to claim JSA and put the phone down on us and did not know about the mandatory reconsideration at the time we then approached CAB who proceeded with both Mandatory Reconsiderations for both Mark An Carl we were granted more time During the interview with the CAB the Lady asked had they had a WCA before and was puzzled why as it states within '13 weeks' they then suggested to me and mum that 'if they won the appeals both boys would of been entitled to over 10000 pounds back pay between them we then went through for 13 months of them saying that one twin does not exist months of sending Marks Forms with Carls Ni Number and vice versa it was a deeply stressful situation for Mum and I hence we have since split up after 20 years but both on same page regarding our two sons that now live with me due to their aggressive behaviour the both boys have fell apart due to this.
Then on the 14th November 2016 after months of sheer frustration and stress both the E.S.A tribunal where heard. When we entered the tribunal chamber for Carl they had all documents in front of them which included Doctors Letters plus letters off everyone that had dealings with the twins from the day they were born
They looked at this evidence and awarded no credibility by saying 'this evidence could of been written by anyone claiming they all were not qualified to submit the i then offered to go outside and call every person who provided evidence to contact the tribunal with the Health Worker Which TBH floored me and mum but Carl did pass but was placed in the WCAG has to report to the Job Centre Plus every 6 months he cannot fulfil his obligations and tasks set by them due to the conditions above some are compulsory
Now our Mark went it to the tribunal chamber IMO they took one look at Mark and Deemed him fit for work questioned the Medical Evidence which i went to great lengths to get the Med Evidence as mentioned earlier in my post again shot down discarded. Me and mum then realised they did not have the documentation on the Day for mark due to it not being sent by the DWP on the day which was deeply disturbing too say the least i think me and mum Mark and Carl had lost hope by then Mark did fail absolute nightmare
Now Mark was then asked to migrate from DLA to PIP which he was then asked to attend a PIP Medical which we attended again with the same MED EVIDENCE as the ESA Tribunal and was awarded enhanced CARE but no Mobility
Now Carl was asked to change from DLA to PIP also attended a MEDICAL again with the same MEDICAL EVIDENCE he entered during his ESA APPEAL which he passed on the day and Carl got 0 Points lost his DLA/PIP How can this even be possible Both my boys have gone off the rails managed to get in trouble with the POLICE since these decisions were made ERATIC BEHAVIOUR BREAKING STUFF SUICIDAL SELF HARMING it is breaking mine and Mums hearts please help
Both boys were content with the money they were receiving and generally kept them settled but these decisions are awful and unjust I now have 2 out of control boys who are blaming themselves for the decision that was made on the day BUT since then Marks appeal has been set aside due to information or evidence not being made available on the day we need to reinstate Marks E.S.A so he can enjoy the back pay he had to watch Carl with his back pay and it deeply changed Mark and has struggled ever since unfair and could or should have been handled properly
How can Carl who received enough points to pass his E.S.A. but failed his PIP medical with the same medical evidence
And Vice Versa Mark failed his E.S.A. but was awarded PIP with the same Medical Evidence

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6 years 11 months ago #188549 by Gordon
Replied by Gordon on topic ESA AND PIP
C

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


I'm afraid PIP and ESA have different criteria, sometimes very different criteria so it is very possible to for someone to receive the highest award if ESA and no PIP and vice versa.

Although the twins have the same conditions are they affected in the same way?

As the Decisions are the result of a Tribunal you have few options in pursuing the matter.

You can appeal the Decisions further but only on the basis that an Error of Law not because you disagree with the Decision that was made.

Alternatively, if you can show that their conditions have deteriorated since they were assessed then you can ask the DWP to reassess their claim, but your need to be aware that it will be a full reassessment of the claim, new claim form and almost certainly a new face to face assessment.

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

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