Employment and Support Allowance (ESA)
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DWP

Hi Everyone,         
Question i would like to ask i would really appreciate some help, all medical evidence i have provided for P.i.p, do i also send them  to DWP, regarding  Medical Health conditions, as ive been waiting 46 weeks for Tribunal date, its only just dawned on me that i might get letter from DWP to complete for review, and if so is there a email adress i can sent it into please Thank you in advance

Replies

  • BBGsthenameBBGsthename Member Posts: 2 Listener
    As far as I know, when you applied for PIP, if they refuse you can then ask for a MANDATORY RECONSIDERATION which usually upholds the original decision.

    At that point you ask for it to go to The Tribunal and they are very fair and have overturned somewhere around 2 thirds of those decisions.

    Whatever you sent initially will ALL be forwarded to The Tribunal for them to make their decision.

    If any NEW ailments have occurred you can also ask them to consider that AND you can request to be present.

    I went through this process BUT still check what I have stated as my situation was in 2017 and some things may have changed.
    GOOD LUCK! 👍🏾
  • david235david235 Member Posts: 170 Pioneering
    I'm not sure what your question is @ebeneee .

    You have applied for ESA and you have also applied for PIP. You are awaiting a tribunal for one of these benefits.

    You seem to be asking about sending medical evidence you have submitted in relation to PIP to DWP in relation to ESA. If this is correct, why do you want to do this?
  • ebeneeeebeneee Member Posts: 87 Courageous
    Hi @BBGsthename & david235,
    Thank you for responding to my query, i should have explained myself im on ESA in the support group, when i contact pip and told them that there was changes regarding my health conditions i got review of P.I.P last year in june, and not given no daily living and standard mobility, i went for MR and no changes so i am now awaiting Tribunal date which ive now been waiting 46 weeks for a hearing date (this is the second time im going to Tribunal ), i was then told by P.I.P (person on the phone that  review of ESA is coming up soon ), but i havent heard anything as yet so the question is, should i send in more medical evidence ive received  to DWP regarding ESA.
  • JurphJurph Member Posts: 346 Pioneering
    I think it's best you wait to hear from ESA about the review. Once you get your forms, you can pop everything in the same envelope and send it back.

    You can start preparing it all and making copies while you wait.

  • ebeneeeebeneee Member Posts: 87 Courageous
    [email protected],
    Thank you for response,ive got all ready to send when need to so.
  • ebeneeeebeneee Member Posts: 87 Courageous
    Hi @poppy123456 @wilko @ilovecats
    Im sorry if i seem anxious and asking questions that  may seem obvious to you and others who maybe reading my post, but im so tired now of playing the waiting game, (Tribunal Date 46 weeks ive been waiting) finding evidence to prove that i have other medical issues and how it affects me  daily which ive submitted, how much support i need, even though ive gone through this once before, but its taking  its toll on me, its affecting me mentally and physically, struggling to sleep anxiety levels are flying high and i seem to be second guessing myself, i was sent second bundle  last week of all evidence i have sent to the tribunal, theres one vital information that is missing from my bundle which ive been chasing for a few weeks, and this still has not materialised, when i went through my bundle  i realised i was sent someone else information 3 pages worth, which i have sent back............ question is should i make a copy of the consulation paperwork that is missing from my files and have it ready for the tribunal ?............ i cant wait for this nightmare to be over.
  • wilkowilko Member Posts: 2,284 Disability Gamechanger
    @ebeneee, hello, better to be safe than sorry and wished you had copies. I always recommend having copies of any supporting evidence to your claim that is sent to the claiming authority just in case it’s lost, mislaid and for your own peace of mind. Storing these can produce clutter and you can soon have several lever arch folders covering the many different benefits, health and medical records plus all the usual utilities ones car ect.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Have you contacted HMCTS to tell them what's missing from the bundle? If you haven't then you need to do this and if you have and they haven't sent you what's missing then contact them again.

    Do be aware that the Tribunal won't be able to take into consideration any worsening of condition since the decision was made. They will only consider what you were like at the time of the decision.
    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.
  • david235david235 Member Posts: 170 Pioneering
    As @Jurph says, you need to wait for now about ESA @ebeneee . ESA continues as it is now (with you in the Support Group) until you are notified by DWP that you need to go through the Work Capacity Assessment again. This does not necessarily happen right on your review date. In that respect, ESA is different to PIP; almost all PIP awards have a definite end date (some, including mine, are "for an ongoing period").

    By all means have your answers and supporting evidence for the Work Capacity Assessment ready. You can even download an ESA50 questionnaire if you want something to be working on - but do not send anything in relation to ESA until you are sent an ESA50 Capability for Work questionnaire through the post with a return envelope and a letter giving you a deadline for return.


    If you have additional evidence you want available at the PIP Tribunal then you must send a copy to HMCTS now using the contact details you have on the Tribunal paperwork quoting any reference there is on the tribunal paperwork. HMCTS will send a copy to DWP. Producing evidence at the tribunal can lead to the hearing being adjourned because neither DWP nor the panel members have had chance to consider the evidence prior to the hearing. DWP usually send their arguments on paper, but it is possible for a DWP presenting officer to appear personally.
  • ebeneeeebeneee Member Posts: 87 Courageous
    [email protected],
    Thank you for responding i have duplicates of everything as all information is very important, thank you for reminding me of lever arch folders which i have i can put paperwork infolders, so that i know exactly where they are when i need them.....thank you for youre advise, thank you for taking time out to respond, it is greatly appreciated.
  • ebeneeeebeneee Member Posts: 87 Courageous
    [email protected],
    Thank you for responding, i have contacted HMCT, regarding missing information due to back log, they said everything i have sent to them they have forward to P.I.P , When i had assessment last year june, i was attending alot of appointment due to issues, that was under investigation, in review form that i had conpleted i said that i was in a lot of pain shoulders neck, legs, ankle and knees, ostearthrotus of the knees and ankle, costochronditis of left rib, at the time of assessment rash covering my face lips, mouth, chest, was under investigation, first diagnosis, was rosea, when i had the assessment after having more test done(bloods and biopsy) it turned out to be a combination of miia enplaque, cutanaeous Lupus, this was diagnosed in the september of last year, as i had wrote in review form regarding pain all over body , after scans, biopsy mri it has turned out to be Cervical spondylitus, of neck, spine and lumbar orthosis which has affected mobility,lupus traits was there with condition even with medication will not get any better, i appreciate your advise and taking time out to respond to [email protected]
  • ebeneeeebeneee Member Posts: 87 Courageous
    [email protected],
    Thank you for response, i will gather all information put them in relevant folders whats been  suggested by wilko, as i said previously i might seem anxious, i just dont want to be caught out that i was suppose to notify of any changes, and i havent done so,Thank you for information that im aware of now, at least i can relax a little bit, the support ive received from the scope family has been valuable, thank you for taking time out and responding to my request, it is appreciated more than you will ever know Thank you.
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