Tribunal

davedj44

Hi. I've been waiting 37 weeks for a pip tribunal, the other week I was scheduled for an esa assessment but got a letter saying it needed to be rescheduled, I haven't heard anything yet. I'm worried that if I do win my appeal for pip and have the benefit reinstated back to enhanced, that esa will then call me in and fail me on the assessment after what will be close to a year struggling without pip. I'm dreading the possibility of yet another 12 months struggling. Has anyone any help with this situation please?

Earlysound

Hello,

From what I have heard the amount you've been waiting for your PIP tribunal is pretty standard. If you've been scheduled for an ESA appointment, I am presuming that you're coming close to the end of your current award and so they've called you for assessment beforehand so it does not lapse.

I'd try not to worry too much about your ESA assessment being rescheduled, it could be for countless reasons. I doubt very much that the Department of Work and Pensions have rescheduled your assessment intentionally after your PIP tribunal, as they won't know when your PIP tribunal takes place - as it's not the DWP who set the tribunal dates or run them. If you're successful in your tribunal you will be backdated everything owed, back to your original claim/renewal date. 

In terms of ESA, I am sure you're aware you can also go through a mandatory reconsideration if you're unhappy with the decision made, after they've scheduled your new assessment date.

CockneyRebel

Hi @davedj44 and welcome

The two benefits are separate, one should not trigger an assessment for the other.

You should ring the tribunal clerk for an update on waiting time in your area, many are taking a year or more.

Esa can be reassessed at any time from three months to three years in general but many are delayed due to backlogs. ESA is an ongoing award without an end date so until you are reassessed nothing will change

Which group are you in for ESA ?

davedj44

I do, but I have little or no confidence in the mandatory reconsideration, in my opinion its a delay tactic that just adds to an already long waiting time for a tribunal  

davedj44

I was on the severe disability esa until I was awarded 0 points in a pip assessment, I've lost £150 a week as a result  which was £65 from the esa. 

justg72

Hi davedj44
I know exactly how you feel the same has happened to me and I have gone from enhanced to nothing, My tribunal is in May and I have just had my ESA reassessment and I have now gone from the support group to then be put in the WRAG group so I am worse off by £35 a week. I cant believe what the DWP are doing to people. The DR who did the assessment said i should be put into the support group as I was unfit for work! the decision maker disagrees and said different. Looks like another MR and then tribunal. I am losing my home because of DWP and they don't care!
I have worked all my life until my health has prevented me to do so.
Good luck with your tribunal and I hope you are successful with your ESA. I hope you get a decision you want.

twonker

Confused, why would you be losing your home? Do you rent? If so UC should be claimed? HB?
ESA/UC are income replacement benefits. DLA/PIP payments represent an acceptance by the government of the extra costs associated with having that disability and are not income replacement benefits.