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PIP Assessment Appeal. Benefits stopped.
- rhubarbleaf
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6 years 1 week ago #210621 by rhubarbleaf
PIP Assessment Appeal. Benefits stopped. was created by rhubarbleaf
Can anyone advise please?
I posted a few days ago about a PIP assessment that didn’t happen.
I now find that my money has been stopped. I recieved a letter to say my DLA ended on 13 March....the day PIP assessment didn’t happen.
Since checking my bank account I’ve found my ESA has been reduced to the basic £73.10. I’ve had no letter regarding that ( but understand that esa support payments go in line with DLA.) I’ve made my appeal to the Tribunals Service and recieved an acknowledgment letter from them.
I’m feeling quite desperate, I live alone and can’t manage on £73.10.
Am I correct in thinking that payments shouldn’t stop during the appeal process?
I posted a few days ago about a PIP assessment that didn’t happen.
I now find that my money has been stopped. I recieved a letter to say my DLA ended on 13 March....the day PIP assessment didn’t happen.
Since checking my bank account I’ve found my ESA has been reduced to the basic £73.10. I’ve had no letter regarding that ( but understand that esa support payments go in line with DLA.) I’ve made my appeal to the Tribunals Service and recieved an acknowledgment letter from them.
I’m feeling quite desperate, I live alone and can’t manage on £73.10.
Am I correct in thinking that payments shouldn’t stop during the appeal process?
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- Gordon
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6 years 1 week ago #210633 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Assessment Appeal. Benefits stopped.
rhubarbleaf
From your previous posts you appear to have been appealing an ESA Decision that found you Fit for Work, has this been held yet?
And you have now requested an appeal in regard the missed PIP assessment.
You are only entitled to the ESA Assessment rate during an ESA appeal, which is the amount that you mention, I am guessing that you were also receiving at least one ESA Premium due to your DLA claim, as this has now stopped the Premiums are no longer payable.
Unless you are in Northern Ireland, no payments are made during a PIP appeal unless an award is in place.
Your PIP appeal will only consider whether there was Good Cause for you missing the appointment, I do appreciate that you were at home for the appointment, the point I am making is that your GP's input may not actually be of value for your appeal.
Gordon
From your previous posts you appear to have been appealing an ESA Decision that found you Fit for Work, has this been held yet?
And you have now requested an appeal in regard the missed PIP assessment.
You are only entitled to the ESA Assessment rate during an ESA appeal, which is the amount that you mention, I am guessing that you were also receiving at least one ESA Premium due to your DLA claim, as this has now stopped the Premiums are no longer payable.
Unless you are in Northern Ireland, no payments are made during a PIP appeal unless an award is in place.
Your PIP appeal will only consider whether there was Good Cause for you missing the appointment, I do appreciate that you were at home for the appointment, the point I am making is that your GP's input may not actually be of value for your appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- rhubarbleaf
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6 years 1 week ago #210663 by rhubarbleaf
Replied by rhubarbleaf on topic PIP Assessment Appeal. Benefits stopped.
Sorry, I’ll try to clarify:
Prior to a failed ESA assessment early last year I was in receipt of DLA (higher care, middle care) and in the income related support group ESA.
After a failed appeal for ESA I signed on JSA. I couldn’t cope and was signed off for the 13 weeks then told to claim ESA again. I am currently waiting an ESA assessment.
I started the claim to go from DLA to PIP last November. I am appealing the decision to deny my PIP claim ‘because I didn’t attend the appointment’....(not true as my friend and I waited 3 hours)
I was sent 2 copies of the mandatory decision and details of how to appeal. I have sent in my appeal and recieved an acknowledgement by the court.
My question is: Can they stop my DLA while I’m appealing the PIP decision?
I’ve been told (by someone who volunteers for CAB) they are supposed to pay until tribunal decision, but it is common for them to stop payment and make you fight for it.
Prior to a failed ESA assessment early last year I was in receipt of DLA (higher care, middle care) and in the income related support group ESA.
After a failed appeal for ESA I signed on JSA. I couldn’t cope and was signed off for the 13 weeks then told to claim ESA again. I am currently waiting an ESA assessment.
I started the claim to go from DLA to PIP last November. I am appealing the decision to deny my PIP claim ‘because I didn’t attend the appointment’....(not true as my friend and I waited 3 hours)
I was sent 2 copies of the mandatory decision and details of how to appeal. I have sent in my appeal and recieved an acknowledgement by the court.
My question is: Can they stop my DLA while I’m appealing the PIP decision?
I’ve been told (by someone who volunteers for CAB) they are supposed to pay until tribunal decision, but it is common for them to stop payment and make you fight for it.
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- Gordon
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6 years 1 week ago #210673 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Assessment Appeal. Benefits stopped.
rhubarbleaf
No you will not receive any DLA during your appeal, your claim was closed four weeks after the PIP one was.
If you overturn the failure to attend Decision then you should ask the Judge to direct the DWP to put your DLA back into payment.
Gordon
No you will not receive any DLA during your appeal, your claim was closed four weeks after the PIP one was.
If you overturn the failure to attend Decision then you should ask the Judge to direct the DWP to put your DLA back into payment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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