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TOPIC: Awarded support ESA but still denied PIP

Awarded support ESA but still denied PIP 4 months 1 week ago #186756

Hi,

I had enhanced PIP for around 18 mths purely for mental health issues; had it reviewed Apr16 now with mobility issues and went from enhanced to 0 points. I spent rest of last year fighting for it back culminating in an unsuccessful telephone appeal Nov 16. They gave me 3 points. Meanwhile my ESA was reviewed and I reapplied for PIP as my mental health had declined through fighting the appeal. I underwent a 4HOUR medical for ESA but at last was rewarded by being moved from WRAG to Support group. Within a month i have my new PIP claim medical and once more have a blanket 0 points!?
Question: I know officially they are supposed to be different though have many similarities in criteria but can they justify that I am deserving of support ESA but nothing from PIP?
Can they be so inconsistent as the appeal awarding the measly 3 points then they dont count in the new claim 1 month later??
I have put in to the upper tribunal for the original pip claim as my statement of reasons from the appeal hearing was so biased and full of holes - literally quoting medical excerpts then cutting the end of sentences that went in my favour. But i wont hold my breath.
And I have asked for the HR report for latest PIP claim to put in an MR but Ive no strength or hope of fighting another appeal for a year when the last one went so terribly.
Needless to say the mental health issues i originally was awarded enhanced rate without so much as a medical is now discounted im guessing can only be based on the fact I no longer have support from my local CMHT due to NHS cuts and this is the only change therefore they seem to think 22 years of mental ill health just vanished the past year.
I feel completely victimised as all around me neighbours with less severe mental health issues are all winning theirs without even appeals. I feel that as they know i fought the last claim and still ongoing with tribunals they wouldnt dare to contradict themselves by awarding me PIP new claim - even the ATOS professional knew of my ongoing appeal when i sighted it as reasons for decline in my mental health so im sure they bias against me.

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Awarded support ESA but still denied PIP 4 months 1 week ago #186759

cazzyclay

I'm really sorry to hear that you find yourself in this situation.

I'm afraid ESA and PIP are really that different from each other that someone could be placed in the SG and not score any points for PIP!

If you are struggling with the UTT appeal, then you might want to consider whether you go forward with it or not. As you appear to have made a new claim for PIP which was again turned down, this new Decision will limit any Decision resulting from this appeal. Basically it is this new Decision not to award that will carry forward/ and not one from the appeal, even if you win, although there would be some back payment of PIP.

This new Decision for PIP is again appealable but I think the first things that you need to understand is why you are being successful at ESA and not at PIP. Have you requested copies of the respective assessment reports? If not then I would do so by contacting the relevant DWP departments.

Do you have the report from the assessment that awarded you Enhanced Daily Living award?

Gordon

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

Awarded support ESA but still denied PIP 4 months 1 week ago #186780

hi gordon,
Ok yes i have asked for the report from the failed PIP medical but not for the successful ESA one - however it was so much more in depth and lasted 4 hours AND i had it recorded - which i feel went a long way. Basically I had to verbalise EVERYTHING that i had already written/submitted in the ESA medical hence it took sooo long. PIP they just wanted bullet point facts and said i had already submitted plenty of comprehensive written evidence that i didnt need to go into every issue in detail - in fact if i did she cut me off and said no we already have all that. I would of had PIP one recorded but for i would of had to source and supply dual tape recording equipment.
And yes i was waiting for the result of the newest claim to warrant my previous contested appeal claim - hence i believe even if i am deserving they are not going to admit it as will owe me a years back payment so worth too much money. Can they be this biased off record?
i will ask for the esa report you are right.
but i didnt realise if i (by some miracle) win the UTT or get it sent back to another first tier tribunal that it still wont overrule my new claim.
Both ESA and PIP had same medical evidence and written evidence. Just the ESA HP seemed to believe me. Simple as that. The others are just casting my testimonies aside as unfounded.

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Awarded support ESA but still denied PIP 4 months 1 week ago #186796

cazzyclay

Given your failure to score points I would go back to the PIP Claim guide to make sure that you understand the criteria against which you are being assessed, the most obvious reason for your problems is that you are failing to explain how you meet this criteria.

What Descriptors did you expect to score for?

Gordon

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

Awarded support ESA but still denied PIP 4 months 1 week ago #186903

gordon
having fought my last claim for best part of a year i know the guide inside out and qualifying points. i followed it to a t
in fact i supplied so much evidence/written testimony they thought i was too informed on it and therefore exaggerating
remember i was on enhanced rate up til apr 16 just for mental health issues - it was only a review not a new claim
i was adding mobility issues not subtracting mental health

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Awarded support ESA but still denied PIP 4 months 5 days ago #187090

I know you don't support upper tribunal appeals but just thought I'd mention i got a very quick response to my lengthy submission just saying my application had been denied by the district judge - reason being 'the statement is adequate to explainwhy the panel rejected the appeal' signed - the judge that did my first tier tribunal and was horrid and biased and who i complained about in it!! thankfully i am allowed to now fill out a form to apply directly to the uper tribunal - which i thought was what i was doing in the first place - but do you see how ludacrusly biased this is? why present the papers damning my FTT to the judge that denied it!!??

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