PIP Appeal

Hi Simonalex,
Legally there is nothing to stop DWP stating this in the papers, but you can surely counter this.
Firstly ESA and PIP are not the same, although there is a bit of cross over, many of the descriptors are different. The ethos is different. PIP is for help you may need in looking after yourself. ESA is based on a series of activities that represents things you might need to do at work or the be able to work.
Maybe you didn't appeal ESA because that decision was correct,( so you couldn't appeal?) Maybe you didn't know you could appeal, or didn't understand the process etc. Or maybe you simply couldn't cope with the process?
So whatever the reason is, then you must write in and counter this. However, if DWP want to rely on this 'fact' then they will need to provide copies of all the papers from the ESA claim to prove their point.
Of course the flip side is that you DID get ESA. Depending how many PIP points you got, the receipt of ESA may well show you have considerable disability. It is unlikely that someone with ESA could gain no PIP points!
Even though the benefits are awarded on different criteria, look for the overlaps. If you can't cook or dress yourself because you have poor grip, it is likely you wrote about this on the ESA claim under reaching or manual dexterity. Toilet needs and the ability to engage and communicate are largely mirrored, as is walking ability.
If ESA isn't at all relevant say so. Or alternatively highlight the actual similarities that prove you should get PIP!
There was a series of cases a while back where the appeal tribunal required DWP to produce ESA papers for PIP cases and vice versa. The tribunal members were often feeling hoodwinked thinking they were dealing with a claimant who had no other benefits, yet the existence of ongoing PIP or ESA payments was highly indicative of the existence of disabilities that could be relevant for the other benefit.
I presume that you have received either an initial or renewal decision and wish to appeal. First stage is to write a Mandatory Reconsideration letter to DWP. Provide some general background to your health, then in a few bullet points criticise the assessment report for PIP. (Please obtain a copy from DWP if you haven't already done so its called PA4. )
Criticise the decision in the way. Then you can go through each descriptor and explain what points you should have received and why.
If you have made a MR request, which was refused, then you can ask for an appeal to the tribunal. You will need to fill out an SSCS1 firm which can be done online. You will need to fill the grounds of appeal, this can be similar to the MR letter I have suggested above. Remember to refer to your own medical reports either for MR or SSCS1. If DWP has previously ignored them resend and explain DWP has ignored them, and perhaps quote from relevant sections.
I hope this helps.
LL26