Employment and Support Allowance (ESA)
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Bitter sweet PIP award

Hi,
I was on DLA (high rate mobility low rate care) for 12 years but because of a decline in my mental well being I was advised by family to apply for PIP which I did

I had my award letter through last week and I have been awarded the enhanced rate of care but they have dropped my mobility rate to standard, I was shocked I have a prolapsed disc and sciatica I was told 12 years ago this was a degenerative condition and would only worsen and the best I could expect was pain management I have the letter to back that up

Reading the award letter there saying that I am able to walk over 50 meters but under 200 has far as i can gather this is based on my walk from there reception area 15 meters to the office my assessment was taken in, To add that halfway through the physical assessment stage the lady said she was stopping it has she could see the pain and distress I was in

I rang the DWP for the assessment report which arrived today reading through it she makes no mention of stopping the physical assessment
I am on Morphine for pain 
My support worker is asking for the mandatory reconsideration my GP is supplying a supporting letter

I am also on both the contribution and income-related ESA support group
I have noticed since my PIP award that my ESA is going up also I've had a letter confirming a change in circumstances from the ESA so are PIP and ESA related?

So I would like advice please is there anything else I can do to support and bolster my Mandatory Reconsideration
 
Thank you guys
Stan
  

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Asking for the MR you do risk losing everything you already have. Decisions do mostly remain the same but it has been know for peoples awards to be increased and even decreased. You have 1 month to request the MR if you wish to do so. Expect to have to take it to Tribunal though.

    PIP isn't about a diagnosis, it's how those conditions affect you daily.

    PIP can increase you ESA yes but it will depend on circumstances. If you live alone or classed as living alone and no one claim Carers allowance for looking after you then you can claim the Severe Disability Premium (£64.30) extra per week on top of your ESA. You'll need to ring ESA and ask to claim this premium because it's not automatically awarded. It can be claimed either by asking them to send you the IS10 form or by claiming over the phone. Money will be back dated to the start of your PIP award.

    As you were already in the Support Group the Enhanced disability premium will have already been added to your ESA automatically.

    Good luck with the MR.


    Community champion and 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.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You can send more relevant evidence to support your claim. A letter dated 12 years ago will most likely not help you here, unless it's backed up with more recent evidence.
    Community champion and 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.
  • StanBStanB Member Posts: 21 Connected
    Thanks for the swift reply Poppy 
  • WelshchickWelshchick Member Posts: 2 Listener
    Dear Stan 
    I am in similar back pain with L3,L4,L5 and S 1 prolapsed disc and degenerated  sciatica and other conditions . I too have said I can walk  only under 20 meters and because of the walk from the pavement to inside the capita offices have dissallowed it . For many other reasons I took them to appeal . I was changed daily activities from standard to enhanced but nothing for mobility . 
    I asked for the Statement of their decision and they have blatantly said I am a liar.
    i can prove what one judge said is a lie in black and white !!!  
    They seem to have you all ways ! 
    I now have to decide to take it to the upper tribunal . 
    I too was in pain and tearful  the HCP said to me if I would like to stop and come back I told her no chance am I coming back . 
    She made no reference of this in her report and a lot of other info and mistruths were missed too . They are the liars !!! but they make it out to be us !! 
    On my Review form I put no change to Planning a Journey as this was for physiological stress but they put that against me saying I had not given a reason at my actual review ! Because I did not put a change !!!! 
    I told them I could not use the Mobility shopping trolleys as this would hurt my hands in a prolonged  timescale  I have Osteoathritis , but they said I could use my hands to walk with yes in much pain with my crutches because I did not want to be in a wheelchair and it’s the only excercise  I get ,  I dont go shopping and I only go out to hospital appointments even my doctor comes to me as I am housebound .  They took no notice . 
    Fight them I say !!! 
  • Lisa1980Lisa1980 Member Posts: 10 Listener
    Can everyone shed some light on this I waiting for appeal for pip for my medical health and I very worried that I want win my appeal for ut my medical health is getting worse and it making me ill Waiti g as eny one won the appeal with medical health 
  • StanBStanB Member Posts: 21 Connected
    Poppy
    Has it stands right now I have been awarded the enhanced rate of the daily living needs and the standard rate of mobility for PIP
    Has a result of this my Contribution and Income-related ESA has gone up
    Even though I'm not happy they have decided my Mobility Issues have improved my question is this was never about money at my families insistence I came off DLA and applied for PIP
    Are the ESA increases only applied to the Daily living needs section of PIP and not the Mobility section am I reading that right?
    If so would it really be worth all the stress and bother of an MR or even a Tribunal  even though there has been no improvement in my Mobility nor will there be do I just accept whats been given me or do I fight it

    Thank you 

  • StanBStanB Member Posts: 21 Connected
    Welshchick
    It's so frustrating and excuse the bad humor but I really do feel your pain (Sorry) I wish you all the very best in your ongoing fight
    Stan
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    StanB said:
    Poppy
    Has it stands right now I have been awarded the enhanced rate of the daily living needs and the standard rate of mobility for PIP
    Has a result of this my Contribution and Income-related ESA has gone up
    Even though I'm not happy they have decided my Mobility Issues have improved my question is this was never about money at my families insistence I came off DLA and applied for PIP
    Are the ESA increases only applied to the Daily living needs section of PIP and not the Mobility section am I reading that right?
    If so would it really be worth all the stress and bother of an MR or even a Tribunal  even though there has been no improvement in my Mobility nor will there be do I just accept whats been given me or do I fight it

    Thank you 

    The extra money (SDP) you're receiving in your ESA is only because of your daily living PIP award. The reason you weren't claiming this with your DLA award is because it isn't payable with low rate care DLA. Although i am slightly confused with the premium you're receiving. May i just ask do you live alone or with a partner? If you live with a partner do they claim either DLA mid/high rate care or daily living PIP? This premium is £64.30 per week on top of ESA, is this the amount you're receiving extra in your ESA? Or have you recently changed from Contribution based only to the added Income related? I just want to make sure i'm advising you correctly. Sorry for all the questions.

    Only you can decide what you want to do here because only you know how your condition affects you. PIP is all about how you are 50% of the time, unlike DLA was. High mobility DLA had different criteria to PIP too.
    Community champion and 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.
  • StanBStanB Member Posts: 21 Connected
    Hi Poppy 
    I live alone and been awarded £85.60 and £22.65 a week for PIP and ESA I'm on both income related and contribution based which comes to £191.45 a week does that sound about right
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger

    I now have to decide to take it to the upper tribunal . 

    Unfortunately you can't decide whether to take it to UTT. You can only do this if an error in law is found in the making the decision at the first Tribunal. If this isn't found and it's very difficult to do this, then i'm afraid that's the end of the road as far as this particular claim goes. Your only option then will be to start a new claim from scratch.

    Community champion and 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.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @StanB

    Assessors frequently over estimate how far someone can walk.  My assessor made the preposterous extrapolation that because she watched me walk 16m then I must be able to walk 20-50m.  I went to tribunal who awarded me enhanced mobility.

    Try to get some f2f help from CAB or similar.  And Disability Rights UK site have a good guide to all stages of PIP.

    advice now.org.uk/pip-tool will generate a mandatory reconsideration submission letter.
  • StanBStanB Member Posts: 21 Connected
    Thank you Matilda
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    StanB said:
    Hi Poppy 
    I live alone and been awarded £85.60 and £22.65 a week for PIP and ESA I'm on both income related and contribution based which comes to £191.45 a week does that sound about right
    That's about right for ESA with the Income related premium top up yes. This consists of ESA Contribution based £110.75 +£16.40 +£64.30 = £191.45 per week.

    Your PIP amount is £85.60 per week every 4 weeks. I believe it works at at approx £370 give or take every 4 weeks. This will be on top of your ESA.

    I can now confirm that if you lost your current PIP award then you will lose the £64.30 SDP. Like i said it's your choice whether you go for the MR or not. What i will say is that you'll more than likely need more evidence than a letter from your GP about your mobility.
    Hope i've helped a little and good luck with what ever you decide.
    Community champion and 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.
  • StanBStanB Member Posts: 21 Connected
    Thank you Poppy 
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