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PIP renewal

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6 years 4 months ago #201411 by gee gee
PIP renewal was created by gee gee
Two years ago i was moved from DLA to PIP...high rate mobility & low rate care then on PIP low rate on both. I did appeal and had a welfare rights advisor (he was useless). The appeal did not go well and my adviser said they had acted unlawfully and he would suggest i take it to the upper tribunal once we received their decision reason. He then phoned and said i had no cause for appeal, he actually said it in a way to implicate id said it should go further.

I also had an assessment last december for ESA and the same welfare rights chap was supposed to have filled in my ESA forms but during the assessment (i was in a terrible state that day) the assessor said she was surprised id been sent for an assessment and looked through the forms NOTHING had been filled in. She was gobsmacked...as was i. I explained what had happened. I was awarded ESA support group.

Anyway. This december will be 1 year until renewal and i know they often send forms out up to one year before renewal. Can i ask for the details of how the ESA decision was arrived even though it was 12 months ago when i had the ESA assessment. Id like to see if anything in that decision/ assessrs notes can back up my PIP renewal claim and also give me back my high rate mobility.

At the time of my PIP tribunal the welfare rights chap kept telling me to say nothing has changed as theyre interested only how i was back at the time of the assesment, even though in that 3 month wait id deteriorated. Since my ESA assessment ive deteriorated even more.

I suffer with osteo arthritis, fibromyalgia, asthma (controlled), depression and PTSD (the latter i suffer with flashbacks and episodes of suicidal thoughts quite frequently}.

I apologise if this is quite muddled i kind of write how i speak .

Thank you

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6 years 4 months ago #201422 by Gordon
Replied by Gordon on topic PIP renewal

Gee wrote: Two years ago i was moved from DLA to PIP...high rate mobility & low rate care then on PIP low rate on both. I did appeal and had a welfare rights advisor (he was useless). The appeal did not go well and my adviser said they had acted unlawfully and he would suggest i take it to the upper tribunal once we received their decision reason. He then phoned and said i had no cause for appeal, he actually said it in a way to implicate id said it should go further.

I also had an assessment last december for ESA and the same welfare rights chap was supposed to have filled in my ESA forms but during the assessment (i was in a terrible state that day) the assessor said she was surprised id been sent for an assessment and looked through the forms NOTHING had been filled in. She was gobsmacked...as was i. I explained what had happened. I was awarded ESA support group.

Anyway. This december will be 1 year until renewal and i know they often send forms out up to one year before renewal. Can i ask for the details of how the ESA decision was arrived even though it was 12 months ago when i had the ESA assessment. Id like to see if anything in that decision/ assessrs notes can back up my PIP renewal claim and also give me back my high rate mobility.

At the time of my PIP tribunal the welfare rights chap kept telling me to say nothing has changed as theyre interested only how i was back at the time of the assesment, even though in that 3 month wait id deteriorated. Since my ESA assessment ive deteriorated even more.

I suffer with osteo arthritis, fibromyalgia, asthma (controlled), depression and PTSD (the latter i suffer with flashbacks and episodes of suicidal thoughts quite frequently}.

I apologise if this is quite muddled i kind of write how i speak .

Thank you


Try contacting the DWP office dealing with your ESA claim, if your file is still in-house then they should be able to get you a copy of your previous assessment report, it's called an ESA85.

Including it with your PIP renewal is OK but you will need to explain why it is relevant to the PIP criteria, even where there are overlaps the two benefits can still have different Descriptors. In particular, the distance for Moving Around on ESA is 50m whereas you need to be limited to 20m or less for PIP.

Gordon

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

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