PIP and ESA (long post. Sorry!)

Jurph
Jurph Community member Posts: 367 Empowering
Good afternoon everyone,

I claimed PIP and ESA at the beginning of January. I've struggled for a few years but finally received a diagnosis of Fibromyalgia in December.

I went to my PIP assessment and within 5 days, I received my decision. 0 points! I sent in my Mandatory reconsideration the next day and got that decision a week ago. Still 0 points.

Whilst panicking about the appeal, I received my ESA decision. I was awarded the support group.

I want to appeal PIP but I'm worried ESA could be affected. My disability fluctuates and PIP decided to take my best days as happening more often then they do. They've ignored lots of information (rather than lying about it).

My main worries are ESA being affected and the problem of not having additional evidence for PIP. I'm not on medication (allergies) and only see my GP for treatments. I'm waiting for CBT to help with anxiety and depression but it's a long wait.

I've tried CAB but they're so busy, I haven't heard back in over 2 weeks.

Will I keep ESA if I fail at the PIP tribunal?

Thanks everyone 

Comments

  • Government_needs_reform
    Government_needs_reform Community member Posts: 854 Trailblazing
    edited March 2018
    @Jurph
    Hi and welcome,

    Just try and be positive, it won't effect your ESA. I know it's hard, once you've recieved the report it will give you a better understanding of what's to come and if you feel it's not right or full of lies at least you can mount a challenge if and when you recieve the decision from the DWP CM, you can ask for the assessment report if you had a FTF you need a PA4 form of what was written, if you had a Paper based assessment ask for a PA3 form it will not effect you asking for these, then once you've done Mandatory reconsideration case, if that then fails then you could and can take it to appeal.

    Hopefully you will be ok. Please let us know how you get on.

    Here is some info that maybe of use to you if you need to appeal, but remember don't give in because that's what they want. https://community.scope.org.uk/discussion/41568/pip-and-esa-the-victory-rate-for-people-appealing-for-disability-benefit-has-reached-69

  • Jurph
    Jurph Community member Posts: 367 Empowering
    Thank you.

    Yes, I had a face to fsce assessment. Information from that and my form has been cherry picked rather than being inaccurate.

    I received a statement as to why I was denied. I picked it apart when I asked for MR. I also asked for the assessor's report.

    I got the MR notice back. The statement was almost identical and was missing the assessor's report. I called them the day I received the MR notice and the initially claimed I didn't ask for it (it was the line below 'I'd like my decision to be looked at again).

    Jurph
  • Government_needs_reform
    Government_needs_reform Community member Posts: 854 Trailblazing
    edited March 2018
    @jurph now you now you have the MR notice I would put in for the appeal as you will know you have a month to submit it to Tribunal service then is a case of waiting the next step. Good luck and wish you well.