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ESA assessment does DM go with what HCP says
- Twinkletoes
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6 years 2 months ago #207375 by Twinkletoes
Replied by Twinkletoes on topic ESA assessment does DM go with what HCP says
Hello Gordon
Sorry, to trouble you again. My son has a pip assessment soon and I was wondering under his ESA descriptor Going out, he scored 9 points. The ESA56 stated the evidence suggest that descriptor c applies to (sons name) as they are unable to go out to a place that they are unfamiliar with without being accompanied. Therefore I am awarding 6 points for this activity.
My question please is that under Pip planning and following a journey would it be possible to use this evidence on the ESA56 to meet the descriptor d. cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid 10 points.?
Or are these totally different descriptors and if so could you explain the difference please.
Your help is much appreciated.
Kind regards
Sorry, to trouble you again. My son has a pip assessment soon and I was wondering under his ESA descriptor Going out, he scored 9 points. The ESA56 stated the evidence suggest that descriptor c applies to (sons name) as they are unable to go out to a place that they are unfamiliar with without being accompanied. Therefore I am awarding 6 points for this activity.
My question please is that under Pip planning and following a journey would it be possible to use this evidence on the ESA56 to meet the descriptor d. cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid 10 points.?
Or are these totally different descriptors and if so could you explain the difference please.
Your help is much appreciated.
Kind regards
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6 years 1 month ago #207417 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA assessment does DM go with what HCP says
Twinkletoes
I would consider including the report but the criteria are different, the ESA one is about his ability to go to a place, for PIP it is about his ability to follow a route to a place, I realise these sound very similar but the difference is actually very great.
So for PIP it is the act of navigation rather than simply his getting there that is being assessed and which you will need to explain his problems in doing.
Gordon
I would consider including the report but the criteria are different, the ESA one is about his ability to go to a place, for PIP it is about his ability to follow a route to a place, I realise these sound very similar but the difference is actually very great.
So for PIP it is the act of navigation rather than simply his getting there that is being assessed and which you will need to explain his problems in doing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 1 month ago #207678 by Twinkletoes
Replied by Twinkletoes on topic ESA assessment does DM go with what HCP says
Hello Gordon
We decided not to take ESA56 to pip assessment in case it only caused confusion.I telephoned and requested copy of pip assessment report only to be told can't have it until the decision is actually made. I am somewhat confused here and would be grateful if you would point me in the right direction.
1. I understand that someone has 30 days from the date of the pip decision letter in order to request a reconsideration and then if not happy with the outcome of the reconsideration can then appeal.
2. However, when decision letter is generated with a date and then posted it normally takes 5-7 days to arrive. So therefore you effectively only have 3 weeks to request reconsideration.(from the date of the letter)
3. In order to request a reconsideration effectively, you would need to have the decision makers report, HCP report, GP report and all evidence they used in arriving at your decision in front of you in order to make your case to them and to highlight the areas that you feel they did not fully consider.
4. However, these reports have to be requested from the dwp, which will take another few weeks to arrive, thus your time limit for reconsideration has now passed.
Sorry to rant on a bit, but as you can see I am confused. How can you effectively make a case for a reconsideration if you don't know how they arrived at their decision in the first place??
Am i missing something?? Can you please point me in the right direction?
Instead of requesting reconsideration - can someone request, how they arrived at their decision and then once that is received with all reports - then request a reconsideration??
Your advise would be much appreciated.
Hope i am making sense
Regards
We decided not to take ESA56 to pip assessment in case it only caused confusion.I telephoned and requested copy of pip assessment report only to be told can't have it until the decision is actually made. I am somewhat confused here and would be grateful if you would point me in the right direction.
1. I understand that someone has 30 days from the date of the pip decision letter in order to request a reconsideration and then if not happy with the outcome of the reconsideration can then appeal.
2. However, when decision letter is generated with a date and then posted it normally takes 5-7 days to arrive. So therefore you effectively only have 3 weeks to request reconsideration.(from the date of the letter)
3. In order to request a reconsideration effectively, you would need to have the decision makers report, HCP report, GP report and all evidence they used in arriving at your decision in front of you in order to make your case to them and to highlight the areas that you feel they did not fully consider.
4. However, these reports have to be requested from the dwp, which will take another few weeks to arrive, thus your time limit for reconsideration has now passed.
Sorry to rant on a bit, but as you can see I am confused. How can you effectively make a case for a reconsideration if you don't know how they arrived at their decision in the first place??
Am i missing something?? Can you please point me in the right direction?
Instead of requesting reconsideration - can someone request, how they arrived at their decision and then once that is received with all reports - then request a reconsideration??
Your advise would be much appreciated.
Hope i am making sense
Regards
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6 years 1 month ago #207691 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA assessment does DM go with what HCP says
Twinkletoes
In principle you can request a written Statement of Reasons from the Decision Maker, this delays the MR process until it is received, however, the DWP are not required to provide one if the information that it would contain is/has been provided in a different format, so you might just get a phone call from the DM which is unlikely to give you the information that you want.
The pressure to request an MR is not what it used to be, it's now acceptable to make a Late request if the report does not arrive on time or you can make a request on time but say that you will be providing more information once you receive the report.
Gordon
In principle you can request a written Statement of Reasons from the Decision Maker, this delays the MR process until it is received, however, the DWP are not required to provide one if the information that it would contain is/has been provided in a different format, so you might just get a phone call from the DM which is unlikely to give you the information that you want.
The pressure to request an MR is not what it used to be, it's now acceptable to make a Late request if the report does not arrive on time or you can make a request on time but say that you will be providing more information once you receive the report.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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