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No MH Engagement PIP and ESA

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3 years 6 months ago #263434 by raindaisy
Replied by raindaisy on topic No MH Engagement PIP and ESA
Hi
Just want to say thank you B&W .
I successfully got my friend PIP using your guides.
However , they awarded 9 points , mainly prompting and supervision, on MH grounds with an award of Standard Rate Daily Living.
0 pts for mobility. which I personally disagree with . He is entitled to lower rate Mobility on planning journeys on MH grounds.
However, this is a friend who was kicked off ESA CB SG in Jan 2020 , after a debacle WCA and has not received a penny since. So they are really really grateful for anything. I just see it as a gesture , not fully applying the law.
Ive put in an anytime review, which the DWP has refused using the 13 month time limit but quote a case in July 2020 , where he can ask for an appeal.
Ive also completed an New Style ESA50 , but the DWP the decision not to award New Style ESA before even receiving the ESA50 form , citing the reason " you have claimed UC "
They are NOT entitled to UC!
Seriously .... the DWP are just making the rules up as they go along, they want it both ways!
Rant over.

I also wrote to the ever lovely , Dr Therese Coffey , their MP. Very interesting reply from Justin Thomlinson MP. No meat ,only bones. lol.

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3 years 6 months ago #263436 by Gary
Replied by Gary on topic No MH Engagement PIP and ESA
Hi raindaisy

Your friend must be very proud to have someone like you in their corner fighting for them to claim their benefit entitlements. Benefits can be a mine field if you do not know the system as there is so much mis-information out there.

You may want to contact your local Welfare Rights Organisation to get all the facts; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk

Gary

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

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3 years 4 months ago #265682 by raindaisy
Replied by raindaisy on topic No MH Engagement PIP and ESA
Hi

I want to give B&W an update on this situation.
So, letter was written to MP Dr Therese Coffey.
Folowing that “ a very kind lady called “ and asked lots of questions.
Then it was noted , UC had been in contact with Claimant. Nope. It was his Wife.
Then a note was left on UC journal….WWe will be calling You ..
I advised if He is too ill to take phone call don’t answer.
My Friend did, again “ a lovely lady, she so got it, told me all about her Daughter and her MH, she said the questions have changed on form and more understanding”
It was then noted Claimant Attended Appointment. Nope. Again it was his wife who took call and explained he is still not functioning. I advised my friend to note on Journal , Wife took call , not Claimant.
Then a long letter came from Justine Thomlinson , sent to MP …..saying they had been trying for many moths to make contact and no contact was made. Not true. He also said the Claimant was attending appointments. Not True. Justin Thomlinson also explained the late timelines …..remind me …do the DWP keep to timelines???
Then a response from Anytime review came . Nope . They are not letting it happen.
So I signposted my Friend to the Advice Centre near her.
( I personally would still try the tribunal)
The advice centre have said complete UC50.
Not completed yet due to illness.
He has taken a nose dive and is not in a good place. My friend got another Fit Note from GP.
She then got a call from UC
You will not get UC , due to your earnings and pension. So in a nutshell, no point in claiming UC50 .
My friend was advised , they have no right to say that. So she put that on her Husbands journal and uploaded a new fit note .
The response is on the journal in black and white :
“Thank you for uploading the Fit Note which the GP has noted “depression” , as Mr H**** was found fit for work for this condition when he was examined 26 November 2019 , Universal Credit cannot accept further fit notes for the same condition. In order for a new work capability assessment to take place the GP would need to reflect on the Fit Note that the condition has worsened or that he has a new condition” .

He has an ongoing “unspecified depressive disorder” The ESA WCA in 2019 was a joke. There was no change . He was in the SG . It was Contribution Based . He was still mentally ill. He went from 49 points, to zero. Then the Pandemic hit. He has had no ESA since January 2020. He did get standard PIP. Not the mobility part . He scored 9 points. Lol.
He applied for New Style ESA. Guess what, now his contribution record is not sufficient. Now they are saying don’t bother applying for UC , as my Friends income is too high. It has taken from January 2020 till now….for them to say that.

I am spitting blood.

So yes , the DWP are stepping up their punitive tactics.

Just Thought I would let you know .
The following user(s) said Thank You: denby

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3 years 4 months ago #265686 by Gary
Replied by Gary on topic No MH Engagement PIP and ESA
Thanks raindaisy for keeping us up to date.

Your post is very informative to members as to when things go wrong.

Thanks for staying strong for your friend, when everything is going wrong it is great to have a strong friend to lean on.

Gary

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

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3 years 2 months ago #266399 by raindaisy
Replied by raindaisy on topic No MH Engagement PIP and ESA
Hi

Well Im back and this matter is far from resolved.
No ESA payment since 7 January 2020.
I did signpost to an Advice Centre in thier local city .
Due to lack of resources, and covid, limted communciation, and no f 2 f .
They also wanted to go down the UC route. Which was fine, only when she did follow the advice she was called by the UC and told:
He was found fit for work with depression in 2019 and a new claim for UC50 can only be completed with a new fit note , staing a new condition or worsening condition.
A letter to GP , new fit note issued , stating depressive disorder worsened by pandemic. lol
This was followed by a phone call from UC saying, you are well above the limit of your allowance, you will NOT get UC, therefore , best not apply and cancel claim.!!
It only took them what 19 months??????
Needless to say Advice Centre said continue with UC50 claim , regardless.
Then an appt was made , over phone to complete form. They only allocated 15 mins .
So here , I am , completing the UC50 form tonight, and we will drive up 100 miles tomorrow to get all signed and sealed and posted.
I spoke to Norwich Tribunal.....the 13 month late deadline for anytime appeal ...still remains...regardless of Pandemic.
I will submit an appeal regardless. and appeal to thier better side. Nothing ventured . Nothing Gained.
Seems , do as I say , not as I do...applies to DWP and Government.
So I will give an update to Dr Threrese Coffey , given her appearence on the green beneches this week, where she clearly is out of touch with the reality of how thousands are having to deal with this not fit for purpose , UC 50.
any pointers would be gladly welcome.
on one point..the Advice Centre commented...about UC50... " keep it short , punchy, they dont read all of it , if there is too many words....!"
I have to totally disagree!! Complete the form as if the Tribunal Judge and GP and Disability Advisor is going to read it . Because I know for a fact....they do....every ..single ...word.

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