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PIP & ESA discussion makers contradictions

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6 years 9 months ago #189803 by lee b
Anyone else here left completely flabagastered by DWP and their decision makers? Probably a silly question otherwise most people won't be reading this but....
Great news, with huge help from B&W for their help with completing PIP assessment , my son was awarded Enhanced Care for PIP and no mobility which I believe is fair. We have also made a claim for ESA which the decision maker totally threw out, 0 points for any section. This 1 appears to brush their teeth with Preparation H. I am totally astonished that the PIP decision maker clearly took all the evidence available to make their award but the ESA totally contradicted the evidence provided. Needless to say, we are now asking for a mandatory reconsideration on ESA decision. Not that PIP are without blame creating all sorts pf problems but the ESA process is a farce. 2 hours before my son's first medical assessment was due, the centre rang and said the appointment was cancelled, the rescheduled appointment was a flurry of letters with incorrect dates. The actual assessment was bodged. We sat for 50 mins after the appointment time before being seen, and the assessor seemed to rush through most questions. The responses my son gave were clearly not used to make the decision, primary to that is his ongoing mental health issues. As I said, a farce.

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6 years 9 months ago #189819 by Gordon
Replied by Gordon on topic PIP & ESA discussion makers contradictions
Lee

Whilst I am not suggesting that the ESA Decision is correct, the criteria for ESA and PIP are sufficiently different that this is a possible scenario, so you need to make sure that you have shown that he meets the ESA criteria for an award.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with his claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

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

You should contact the DWP for a copy of the assessment report (ESA85) if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that he meets the criteria, there are many reasons he may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that he walked 50m, he did but they have failed to document that he had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

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

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6 years 9 months ago #189837 by lee b
Replied by lee b on topic PIP & ESA discussion makers contradictions
Gordon, as you say, I will know much more when I see the assessors report. However, I find it incredulous that whilst the PIP decision maker seemed satisfied my son met the criteria for PIP enhanced care, the ESA decision maker scored every single descriptor with 0 points. My single biggest issue would seem to be, imho, the complete objection on ESA's part that my son doesn't present a risk to harm to himself and others and therefore doesn't warrant any support under the substantial risk rules. As I've previously mentioned, I used the B&W site and its guides as a basis for my sons application for PIP and subsequently ESA. Unless I made such a grave error as to completely foul up the ESA application, then I am mystified as to how the ESA decision maker could make such a polar opposite decision in comparison to PIP. Again, thanks for your input and reply, it's very much appreciated,

Lee

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