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PIP and ESA using each other's info as evidence
- Orangeblossom
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6 years 6 months ago #196985 by Orangeblossom
PIP and ESA using each other's info as evidence was created by Orangeblossom
I just wanted to mention that I recently had a case of ESA using my PIP appeal notice as evidence in a reassessment- the assessor referred to "Appeal papers' in the medical report to DWP- this was a PIP decision notice. I have also found in the past DWP not using a ESA medical report, however as it was 'from a different benefit' however that was in the contest of justifying withdrawal of my PIP (later reinstated at appeal).
So overall, I have found the Assessors do use the information and therefore if getting both PIP and ESA, it may be worth using any medical report to support the reassessment of the other benefit, possibly at the start of the process so the Assessors see it. However don't count on DWP decision makers being as swayed by it, they seem to just rubber stamp the Assessor's report and defend it as much as possible.
Just mentioning in case this helps anyone else.
So overall, I have found the Assessors do use the information and therefore if getting both PIP and ESA, it may be worth using any medical report to support the reassessment of the other benefit, possibly at the start of the process so the Assessors see it. However don't count on DWP decision makers being as swayed by it, they seem to just rubber stamp the Assessor's report and defend it as much as possible.
Just mentioning in case this helps anyone else.
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- slugsta
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6 years 6 months ago #196992 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic PIP and ESA using each other's info as evidence
If anyone is going to use paperwork from one benefit in support of another, it is important to demonstrate how/why this applies to the descriptors for the benefit in question. Don't forget that the criteria are very different, even when they appear to be similar!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 6 months ago #197022 by Orangeblossom
Replied by Orangeblossom on topic PIP and ESA using each other's info as evidence
Yes, the phrase they used in my case is that it 'suggests' that I fit into a new Support group criteria, one based on managing tasks (the PIP decision was mainly based on support with some tasks so think that contributed). It seemed they used it as another piece of evidence alongside other medical evidence such as care plan etc. But the criteria can be different between the different benefits.
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