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ESA reductions & Pip asessment

Tony_ScottTony_Scott Member Posts: 3 Listener
edited March 2018 in PIP, DLA and AA
Hi all, just joined this group....  I have been on ESA & PIP for about 8 years now... Started with a heart attack & a blockage in my groin.... To date I have had 4 heart attacks... Single bypass, 4 stents, 3 diamond vortex coils, heart disease, artery disease, micro vascular disease, COPD & arthritis . Also have been diagnosed with personality disorder & other mental health issues ( exacerbated by DWP).  Had to fight every decision DWP has made concerning ESA & PIP.  5 appeals won... And now on a mandatory reconsideration for Pip.    ESA has just taken away my severe disability payment losing me over £60.00 a week.. Is this payment PIP related or has a decision been made to take it from me.. I have received no notice?   I also believe that my Pip asessment was illegal as I asked for an assessor trained in mental health well in advance ... Was denied & interview was terminated.. Again they called me in & I was denied a mental health assessor..... Surely this is against section 6 of the human rights act.. Right to a fair trial... Its a trial of my capabilities.. A trial all the same...   Frustrated at going round in circles with these people, in & out of appeal courts every year for the last 6-7 years.....  
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Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi Tony and welcome

    SDP is PIP related

    Severe disability premium

    You may get this if you get any of the following:

    • the disability premium
    • the higher pensioner premium
    • income-related Employment Support Allowance (ESA) - you can be in either the support or work-related activity group

    There are 2 rates of severe disability premium, depending on whether your partner also qualifies.

    Rate if you qualify

    You’ll get this if you meet all of the following conditions:

    • you live alone
    • you get the middle or highest rate of DLA care component or the daily living component of PIP or AFIP
    • no-one gets Carer’s Allowance for looking after you

    You may also get it if you meet all these conditions:

    • you have a partner and no one else lives with you or your partner
    • Carer’s Allowance is paid for only one of you
    • you both get the daily living component of PIP, AFIP or Attendance Allowance or the middle or highest rates of the care component of DLA

    You may still get it if you meet all of these conditions:

    • you have a partner who is registered blind
    • no one lives with you and your partner
    • you get the middle or highest rate of DLA care component or the daily living component of PIP or AFIP
    • no-one gets Carer’s Allowance for looking after you

    Rate if you and your partner qualify

    You get this if you have a partner, no-one gets Carer’s Allowance for looking after either of you and you both get one of the following benefits:

    • the daily living component of PIP
    • AFIP
    • Attendance Allowance
    • the middle or highest rate of the care component of DLA

    CR
    Be all you can be, make  every day count. Namaste
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  • mikehughescqmikehughescq Member Posts: 6,007 Disability Gamechanger
    A face to face consultation is not a trial so that aspect of the HRA is irrelevant. You can ask for a specialist in limited circumstances for ESA. Not so for PIP.
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  • dee4848dee4848 Member Posts: 218 Pioneering
    Does someody claim carers allowance for you ? This could be the reason you have lost the SDP
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  • whistleswhistles Member Posts: 1,590 Disability Gamechanger
    If you no longer get the care element of pip, you will also lose the £62 premium.
    Do not follow me, I don't know where I am going.
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    dee4848 said:
    Does someody claim carers allowance for you ? This could be the reason you have lost the SDP
    That's not the reason the other person lost the SDP. It's because he doesn't have a PIP award anymore. As CR has stated PIP and SDP are related and you can't claim SDP without a PIP daily living award as this is one of the many criteria to be able to claim it.
    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.
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  • dee4848dee4848 Member Posts: 218 Pioneering
    poppy123456 said:
    dee4848 said:
    Does someody claim carers allowance for you ? This could be the reason you have lost the SDP
    That's not the reason the other person lost the SDP. It's because he doesn't have a PIP award anymore. As CR has stated PIP and SDP are related and you can't claim SDP without a PIP daily living award as this is one of the many criteria to be able to claim it.
    Yes sorry I didn' read it properly .
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  • Tony_ScottTony_Scott Member Posts: 3 Listener
    Thanks for your replies.... mikehughescq said:
    A face to face consultation is not a trial so that aspect of the HRA is irrelevant. You can ask for a specialist in limited circumstances for ESA. Not so for PIP.

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  • Tony_ScottTony_Scott Member Posts: 3 Listener
    Surely if the PIP assessors cannot supply a qualified specialist for mental health asessment they are in breach of their contract.... You wouldn't call a carpenter to fix your toilet would you...  So how can an unqualified person be legally allowed to make a decision on something they know nothing about?  My assessor was a paramedic who's attitude stank & basically lied on every answer... I'm lucky I'm not in a jail cell doing life for him....  Is there no one qualified to take on these people?? 
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  • mikehughescqmikehughescq Member Posts: 6,007 Disability Gamechanger
    They are not “unqualified”. They are from a range of quasi-medical backgrounds. They would only need a medical background to diagnose, whereas this is not a medical. It’s a conversation about functional ability. 

    There is also no breach of contract for pretty much the same reason. 
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  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    I think that’s the main difference between dla and pip. Oh please bring back dla! 
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  • WaylayWaylay Member Posts: 922 Pioneering
    I hear you, @Tony_Scott. I was assessed by a paramedic, who clearly didn't know what Borderline PD is. However, the DWP says that the HPs don't need to have any knowledge about your condition, because they're doing a functional assessment (for which they've been "trained"), not a medical diagnosis or treatment.
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  • april123april123 Member Posts: 137 Pioneering
    I was a qualified nursery nurse once upon a time could I do assesments

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  • whistleswhistles Member Posts: 1,590 Disability Gamechanger
    edited April 2018
    debbiedo49 said:
    I think that’s the main difference between dla and pip. Oh please bring back dla!
    But the DM wasn't qualified either were they. They just read the forms and evidence same as now? 

    All that's happened is they have moved the goal posts and some of us just don't fit that criteria, regardless of who is sat in front of you. 

    Let's be honest, your gp sees you for maybe five minutes, prescribes medication their decision or guided by your consultant. 
    Even they won't know about your whole day, everyday. They know your conditions by not how you manage or not.
    Do not follow me, I don't know where I am going.
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  • mikehughescqmikehughescq Member Posts: 6,007 Disability Gamechanger
    One of the reasons why people who focus on obtaining medical evidence consistently struggle to get PIP. 
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