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Can my ESA tribunal decision help with PIP?

deedee55deedee55 Member Posts: 10 Listener
edited February 2018 in PIP, DLA and AA
 :):)  last year I went through a home assessment for ESA, they gave me 6 points. It went to tribunal where I was awarded 29. Now I've had a letter from DLA stating I will soon be receiving forms etc for pip. I'm dreading the thought if having to GI through another assessment, I felt ashamed, he treated me terribly. Should I have to go through this when I have all the court paperwork from may , any advice would be great. I'm worried sick x 

Replies

  • mikehughescqmikehughescq Member Posts: 6,010 Disability Gamechanger

    Nothing will happen until you get a letter inviting you to start a PIP claim by phone so, until then, nothing to worry about.

    You have to make the PIP claim within 4 weeks else your DLA will cease and whether or not you get a face to face consultation (it's NOT a medical for PIP unlike ESA) will very much depend on how much detail you provide in your PIP claim pack and how much up to date functional information you provide.

    During the initial phone call you should be asked if you want your DLA information to be taken into account. You should say yes.

  • mikehughescqmikehughescq Member Posts: 6,010 Disability Gamechanger

    Sorry, I should have added that it won't usually do any harm to include information from ESA but it can muddy the waters on certain descriptors and I would get face to face advice before you do.

    Originally, ESA and PIP tried to use each others reports to dismiss claims e.g. PIP decision makers would use the ESA report to deny PIP. However, that's largely been picked apart by appeal tribunals and now, with no irony whatsoever, DWP argue (if you try to do what they used to do) that the two are entirely different benefits etc. :)

    Doesn't mean you shouldn't think about it.

  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Some great information from @mikehughescq !

    Best of luck @deedee55

    Scope
    Senior online community officer
  • sleepy1sleepy1 Member Posts: 299 Pioneering
    Hi, I was told by a decision maker that PIP and ESA are totally separate and they don't even have access to each other departments information.  Yet when it came to my PIP appeal it transpired that the same DM had relied hevely on a dodgy ESA assessment as evidence when making their decision.

    I ended up winning that appeal where the judge said I was entitled to both standard mobility and care until July 18.  In June 17 I was sent a review, filled in the forms with more or less no change to all the questions.  My PIP was then cancelled purely on the grounds I failed to go to the assessment (even though I had good reason and rang to tell them). So once again I'm back on the appeal treadmill! 

    Soon after the MR decision I had to go for an ESA med assessment which is a  very good report and I plan to use that to either get DWP to reconsider my PIP award or use it as evidence in the appeal.

    As Mike says worth thinking about.  IMO any evidence you have should be considered........especially if you have already recently been interrogated by a panel of independent judges in court.

    Best wishes X Rosie








     
  • Tonim81Tonim81 Member Posts: 6 Listener
    Can some one tell me how it works the other way round? I get enhanced rate pip and my esa tribunal is next week would.that help me.
  • mikehughescqmikehughescq Member Posts: 6,010 Disability Gamechanger
    Well it won’t go against you but by itself it’s not a winning argument,
  • Tonim81Tonim81 Member Posts: 6 Listener
    Scored 0 on esa medical ...The woman hardly asked me a thing on the medical felt cheated....But how can I prove that although it does say that I stated that on my appeal papers ...This has been going on for 18 month I don't what to mess this up the only support I had as a witness to my mobility issues is my mum but she died last year I literally have nobody else...I have a docs report and a letter from a taxi firm statimg how often he gets the kids from school takes.me to appointment and so on but Apart from that I have nothing else and I can't get in to see cab in time any advise with this please. X
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Any extra evidence you have should arrive with the Tribunal no later than 10 days before the hearing. Waiting times for Tribunals are several months and more in a lot of areas, is there any reason why you've left it to the last minute?
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Tonim81Tonim81 Member Posts: 6 Listener
    Or a week, some will even take paperwork on the day so I've researched as long as it's not to much,Yes it's last minute as I've only just had my latest MRI and am still waiting for results as evidence also,My GP has written a letter a few months ago has already been sent.
  • jimjam1977jimjam1977 Member Posts: 2 Listener
    Hi guys i was just wondering about when i go to my pip assesment as to what actually happens with getting a recording of the assesment. As pip say you have to provide your own recording equipment, is this true as i thought it was done at the assesment and you recieved a copy....
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    ESA will record assessments but PIP don't.  http://www.capita-pip.co.uk/en/assessment-process.html

    Should you wish, you may use your own equipment to record the face-to-face consultation. This must be undertaken in line with the following DWP rules:

    • You need to notify us before your appointment that you will like to record your assessment by calling our Enquiry Centre on 0808 1788 114.
    • You will need to provide your own audio-recording equipment. Your recording equipment must be able to produce two identical copies of the recording at the end of the assessment, either on audio cassette or CD. Mobile phones and laptops are not suitable mediums for recording assessments.
    • You will need to give one copy of the recording to the assessor, at the end of the appointment.
    • You will need to sign an agreement that sets out what you are and are not allowed to do with the recording.
    • We will retain a copy of the recording for a maximum of 14 months, at which point it will be destroyed. We do not pass on the recordings to the DWP and they are not used in determining your entitlement or award.
    • Should you attempt to record the assessment without having contact us first and agreeing to the above guidelines, then your assessment is likely to be stopped and we may return your case to the DWP.


    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • jimjam1977jimjam1977 Member Posts: 2 Listener
    Thanks for your help poppy123456. Now need to look for the proper recording equipment. So much for this assesment to be more stress free .....
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Two cassette recorders from somewhere like argos will do the job. You may want to use external mics for better quality. Cassette tapes should be new and unopened. There may be an issue with plugging into the mains so be prepared to supply batteries.
    Depending on your condition and claim, setting up and operating two machines might not be in your favour so if possible take someone with you to do this
    Be all you can be, make  every day count. Namaste
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