ESA tribunal decision & PIP

Hi Caro,
According to DWP PIP and ESA may or not be relevant for each other depending on which way the wind blows!!!
There is considerable cross over, even though the benefits achieve different things. For example walking ability is similar, engaging with people is similar etc etc. Whilst many descriptors do not overlap, if you have mental health problems and score points under ESA, it is likely that the problems will indicate PIP points. Likewise and inability to use a pen might show poor fine motor movement and hence under PIP indicates you need help dressing.
Judges have accepted the relevance if ESA decisions and assessment reports in PIP appeals.
If you are in receipt of Support Grouo rate, meaning that you have limited capability for work and work related activity then it is highly likely you should score some points for PIP. So this might reveal inconsistencies in the PIP and ESA assessment reports which you can clearly write about.
DWP should supply a copy of relevant ESA paperwork as part of the appeal papers for the PIP tribunal. If these have not been supplied with the papers then write to the tribunal immediately. Head your letter Directions Request giving name NI Number and tribunal ref number. You can say as follows for example-
Dear Sirs,
I am requesting that a Direction is made for DWP to produce paperwork concerning my ESA claim. I have been in receipt of ESa fromY date at X rate.
(Then add eg as appropriate - the ESA assessment report of Y date clearly accepts that I am severely disabled and completely contradicts the recent PIP assessment report where I was awarded zero points.) It would be appropriate for the Tribunal to have all the relevant paperwork from my ESA claim.
I look forward to hearing from you.
Thank you in advance for your assistance.
You can write in third person if you wish.

This is a quote from a case you can cite this in your submission.
"There is, it seems to me, a considerable interrelationship between the two statutory tests. So,
potentially, the award made by the ESA tribunal was a matter of some
significance." Judge Jacobs at para 34
KW v Secretary of State for Work and Pensions (PIP): [20 18] UKUT 216 (AAC)
Here's the link you might want to read this case.
www.gov.uk/administrative-appeals-tribun...p-20-18-ukut-216-aac

You can explore the matter further by Google give any other relevant cases mentioned in KW.

Remember that if the PIP appeal concerns a renewal rather than initial claim then this us s supersession case. Supersession is the legal word for a change in benefit. DWP have to prove that the supersession is lawfully made, ie correct procedure, and, since they have clearly changed the benefit thst there actually is a change of circumstances whereby claimant's health has improved. (Receipt of a new assessment report allows a supersession to take place but note that it doesn't necessarily show an actual improvement merely a different opinion!) The burden of proof will be on DWP to show a supersession is both lawful and the ensuing new decision is correct. If you have been on ESA throughout this may well show the supersession is incorrect when disabilities accepted for ESA are ignored for PIP!

I hope this helps.
Good luck.
LL26