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Why are PIP and ESA descriptors different?

pugwash
pugwash Community member Posts: 2 Listener
edited May 2018 in PIP, DLA, and AA

Hello

I am due to have my PIP face to face very shortly.

I am concerned after providing a large amount of medical information, having 3 spinal operations,

The doctors and physiotherapists say there is nothing further they can do, leaving me in constant pain.

I won my ESA appeal for mobility, after my solicitor from Citizens advice used case law GL V SSWP 503, which states if you are in constant pain then the mobility aspect is covered and 15 points is awarded.

However with PIP they do not accept this case law, according to NAWRA they claim PIP descriptors are taken from the ESA descriptors so why is this not the same and the mobility aspect of the claim is covered.

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Comments

  • whistles
    whistles Community member Posts: 1,583 Disability Gamechanger
    Someone else will have to answer this better. Case law is over my head I'm afraid.

    You don't need to supply loads of medical evidence for pip. You supply the medical evidence you have and any medication to show the condition you have exists- because they don't usually contact anyone you include on the forms. 
    Then you show how you are effected with the descriptors they ask because of the condition. 

    In a nutshell because they are different benefits.
    https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1486-what-is-esa

    Esa descriptors are in relation to whether or not you could hold down a job and do a WCA.
    Pip is about how you function day to day and do an assessment.

    There is also a difference between esa wrag and support group. I think the wrag requires you to score 15, but the SG requires you to satisfy those descriptors and it's not points based. I accept any correction here because I only just figured this out!

    Pip will ask you if you get any other benefits and being in the SG doesn't mean you will get pip.
    Do not follow me, I don't know where I am going.
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  • pugwash
    pugwash Community member Posts: 2 Listener

    Hello Mike

    Thank you for the info, I was quoting the nawra consultation Aug 2013 page 5 quotes.

    4.2. Employment and Support Allowance ESA is the template for PIP in both process and broad design although the purpose of the benefit is very different and it aims to measure "limited capability for work" rather than limitations with daily living and mobility tasks"

    http://www.nawra.org.uk/wordpress/wordpress/wp-content/uploads/2013/08/NAWRA-PIP-Mobility-Consultation-Aug-13-final.pdf.

    Thanks for the advice.

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  • whistles
    whistles Community member Posts: 1,583 Disability Gamechanger
    You've just answered your own question.

    The purpose of the benefit is different and it aims to measure "limited capability for work" rather than limitations with daily living and mobility tasks"

    So they won't be hand in hand the same.
    Do not follow me, I don't know where I am going.
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