PIP tribunal vs ESA tribunal. Difference?

Mil_30

Hi everyone. I won yesterday my ESA tribunal. I have depression and anxiety. I know pip look differently at questions then esa. Could anyone tell me the difference especially in mental health apeal. I want to prepare myself and make notes to give myself as much chance as possible. Thank you x

Adrian_Scope

Hi @Mil_30, congratulations on your successful ESA appeal!

They look at completely different descriptors for PIP as the criteria is different to ESA. Have you read through them at all?

Mil_30

Hi, thank you! It's such a huge weight of my shoulders. I did but do you have maybe link to them so I can go through them and see the difference. Trying to find best way to express myself on appeal.

poppy123456

This link will be the best one to read because it goes into much greater detail, which will give you a better understanding of the descriptors and what they mean.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#daily-living-activities

Mil_30

Thank you!

mikehughescq

1 - the tribunal are constituted differently. ESA appears have a judge and a medical professional whereas PIP appeals are heard by a judge, medical professional and disability qualified member. The last title of course being ironic as no qualification is required. 

2 - the best simple summary of what you’re aiming for can be found at https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system. Focus especially on the definition of “reliably” and, exactly like ESA, muse sure you have at least one detailed recent example per points scoring activity. 

Use https://pipinfo.net/ for a nice, readable plain English explanation of all relevant terms. 

3 - seek representation if available. There’s no perfect resource out there but https://advicelocal.uk/find-an-adviser is as good as any. Whether or not you have a rep please look at https://community.scope.org.uk/discussion/56379/representation-and-tribunal-hearings#latest. 

Mil_30

Thank you Mike, just going through all paperwork trying to prepare myself the best way I can. My rep is community welfare worker. My appeal is on Monday and I'm absolutely dreading it. 

Was wondering is it good idea to have notes of what to mention after they ask all questions? Like regarding what was wrong in pip assesment (things i never said or are simply lie)?

poppy123456

Mil_30 said:

Was wondering is it good idea to have notes of what to mention after they ask all questions? Like regarding what was wrong in pip assesment (things i never said or are simply lie)?

No, it's not a good idea to do that. They won't be interested in what did or didn't happen during your assessment because you can't prove anything and they won't appreciate you mentioning any of the contradictions.  That's all in the past now and you need to concentrate on which descriptors apply and your reasons why.