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If anybody tells you "You cannot use your ESA evidence for a PIP app or appeal"

melissahicking2019melissahicking2019 Member Posts: 122 Courageous
edited June 2019 in PIP, DLA and AA
If anybody tells you "You cannot use your ESA evidence for a PIP app or appeal"

If i myself had of been told this i could of helped my friends appeal evermore so by including evidence relevant of his ESA 
But i was Advised that he could not use his ESA Evidence relevant or not. 


see the following cases

https://shift.ms/forums/topic/pip-backdated-to-when-exactly

CPIP/1055/2018:Tribunals must deal with evidence relating to ESA entitlement when used in support of a PIP appeal

Upper Tribunal Judge: Jacobs

This decision explains the proper approach for a tribunal when presented with evidence relating to a different benefit. In this case, ESA evidence was produced in support of a PIP appeal.

In considering this issue, Judge Jacobs says that It is important to distinguish (a) precedent, (b) evidence, (c) argument, (d) the proper role of the First-tier Tribunal, and (e) the tribunal’s written reasons: Read more...


Further More.

Others have asked the same question to receive the same answer


https://community.scope.org.uk/discussion/34821/should-i-use-my-esa-report-as-pip-appeal-evidence?_ga=2.19959800.1587112922.1559861727-1642973816.1555270955&_gac=1.56030681.1557160995.Cj0KCQjwtr_mBRDeARIsALfBZA5FgF3q9uNGtSxHJtqXirY2kdjWPubK2YbQoUuKFbHU8L8ac0p2tmsaAp9QEALw_wcB


BenefitsTrainingCo Posts: 2,648 Chatterbox
Hi mikej520

Generally i would say no, you shouldn't present the ESA report to the Tribunal because ESA and PIP are two separate benefits with different tests. "But if there is specific evidence from the ESA report that directly relates to the PIP criteria then it can't do any harm to include it."

And many more...

https://www.scope.org.uk/search/?collection=scope-meta&query=ESA++evidence+for+pip
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