Does going through a PIP MR and/or Appeal process, affect my ESA?

Fight4Justice

Please forgive my ignorance. But I'm getting mixed feedback from my online research. I know they're different benefits and have different people running them.

In my situation, it looks like I will be at least fighting an MR or going through an appeal process, to get my PIP reinstated. I'm worried that I'll also lose some, or all of my ESA during this time too. The last time I had to do an ESA reassessment was in May 2017. I was re-awarded my ESA and placed in the Support Group. My biggest fear is, I will have no PIP for the next several months, whilst going through the MR and potentially appeal process, then waiting for a tribunal date. Then on top of that I'm now worried if I'll lose my ESA too, that's assuming going through an MR/appeal process for PIP, does affect my ESA too.

Any advice, or links/references to places I can do the research myself would be greatly appreciated.

Pippa_Alumni

Hi @Fight4Justice, I've moved this post into our ask a benefits advisor category where hopefully somebody will be able to clarify/offer reassurance.

It also might be a good idea to start preparing for an MR/appeal, just in case. If you haven't seen it already, you may find our guidance on DWP appeals helpful in getting started.

BenefitsTrainingCo

Hi Fight4Justice,

You are correct in that your ESA and PIP are completely separate. Your ESA will be due for a review probably between 6 months and 3 years after your last review. Your ESA, and the time for your review, will not be affected by what happens with your PIP claim (apart from any associated premiums that you get on ESA because of your entitlement to PIP). 
Good luck with the PIP MR and appeal and please don't worry about your ESA for now.
You could request a copy of the medical assessment (if you had one) for your ESA and use it as evidence for your PIP claim. They are different benefits with different criteria but there are overlaps and it is definitely worth considering.

Lee

Fight4Justice

@BenefitsTrainingCo

Thank you for the reply. I'm guessing from what you said, that if I do need to go through an MR & appeal to get my PIP back. That means I'll lose my "severe disability premium" of £62.45 a week.

Do you know whether I'll also lose the £15.9 a week for the enhanced disability premium? This is what it says on the ESA "what you'll get" page: 

"If you’re in the support group and on income-related ESA, you’re also entitled to the enhanced disability premium at £15.90 a week."

The way I interpret that, is this £15.9 a week is exclusive to ESA. And I won't lose it whilst going through my PIP MR & appeal. I may be interpreting this wrong though, and I'll lose both the £15.9 & £62.45 a week.

For reference, this is the pg I'm referring to: https://www.gov.uk/employment-support-allowance/what-youll-get

BenefitsTrainingCo

Hi Fight4Justice,

You are in the support group for ESA, so you will be entitled to the enhanced disability premium of £15.90 for as long as you are in this group.
The Severe Disability Premium is dependent on you receiving the daily living component of PIP so if you've lost your daily living component you will lose the SDP. If you win your appeal though, you will get it all back and backdated too.

Lee

Fight4Justice

@BenefitsTrainingCo

Thanks Lee. Think everything is cleared up now. Last time I had to do an ESA review was in May 2017. Hopefully I won't get hit with another one during my PIP appeal. To be without PIP and ESA Support Group would be devastating. I'm hoping I might win at MR for my PIP, as my "Health Professional" assessor made a grossly incompetent mistake. All of my PIP awards, and Disability Student Allowance before that, since 2013, have been based on my diagnosed autism. My Atos "Health Professional" assessor, completely omitted my Diagnostic Assessment Report for autism, from the assessor's report. I complained about this to Atos directly, and need to wait 20 days for them to review it, also complained to DWP, also my MP has written to DWP on my behalf. Therefore, I'm hoping the DM (decision maker) for my case, will take the fact that the assessor made this grossly incompetent mistake into account, when deciding on my case. Or if they go with the HP's recommendations, perhaps I can get it overturned at MR, when I'm allowed to contact the DM directly. I've been trying to contact the DM before they've issued my award, however, the DWP staff are preventing me from doing this. The best I've been able to achieve, is for someone from the DWP PIP team, to send a note to the DM, informing them of the mistake, which is the best workaround solution, to contacting the DM directly myself, which I was able to find. This, and my MP contacting them on my behalf. Will need to wait and see what happens. It's really annoying and frustrating, that my life is potentially going to be turned upside down, due to the incompetence of one individual, not including a medical report, that is the key component of my entire claim.

ataloss2018

Fight4Justice, Lee is right that nothing changes in respect to ESA during a MR and appeal to the Tribunal Service for PIP.

Interestingly, my wife had a ESA review back in October, she not heard back from them after filling the forms in and she is still in the support group, on previous occasions she's had to attend a medical for ESA but this time nothing, we're guessing they are awaiting the outcome of my wife's PIP appeal before writing to her about the ESA.  Good luck.