Can my ESA tribunal decision help with PIP?
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deedee55
Community member Posts: 10 Listener
last year I went through a home assessment for ESA, they gave me 6 points. It went to tribunal where I was awarded 29. Now I've had a letter from DLA stating I will soon be receiving forms etc for pip. I'm dreading the thought if having to GI through another assessment, I felt ashamed, he treated me terribly. Should I have to go through this when I have all the court paperwork from may , any advice would be great. I'm worried sick x
Comments
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Scope
Senior online community officer -
Hi, I was told by a decision maker that PIP and ESA are totally separate and they don't even have access to each other departments information. Yet when it came to my PIP appeal it transpired that the same DM had relied hevely on a dodgy ESA assessment as evidence when making their decision.
I ended up winning that appeal where the judge said I was entitled to both standard mobility and care until July 18. In June 17 I was sent a review, filled in the forms with more or less no change to all the questions. My PIP was then cancelled purely on the grounds I failed to go to the assessment (even though I had good reason and rang to tell them). So once again I'm back on the appeal treadmill!
Soon after the MR decision I had to go for an ESA med assessment which is a very good report and I plan to use that to either get DWP to reconsider my PIP award or use it as evidence in the appeal.
As Mike says worth thinking about. IMO any evidence you have should be considered........especially if you have already recently been interrogated by a panel of independent judges in court.
Best wishes X Rosie
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Can some one tell me how it works the other way round? I get enhanced rate pip and my esa tribunal is next week would.that help me.
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Scored 0 on esa medical ...The woman hardly asked me a thing on the medical felt cheated....But how can I prove that although it does say that I stated that on my appeal papers ...This has been going on for 18 month I don't what to mess this up the only support I had as a witness to my mobility issues is my mum but she died last year I literally have nobody else...I have a docs report and a letter from a taxi firm statimg how often he gets the kids from school takes.me to appointment and so on but Apart from that I have nothing else and I can't get in to see cab in time any advise with this please. X
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Any extra evidence you have should arrive with the Tribunal no later than 10 days before the hearing. Waiting times for Tribunals are several months and more in a lot of areas, is there any reason why you've left it to the last minute?
I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.If i see a question that i know the answer to i will try my best to help. -
Or a week, some will even take paperwork on the day so I've researched as long as it's not to much,Yes it's last minute as I've only just had my latest MRI and am still waiting for results as evidence also,My GP has written a letter a few months ago has already been sent.
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Hi guys i was just wondering about when i go to my pip assesment as to what actually happens with getting a recording of the assesment. As pip say you have to provide your own recording equipment, is this true as i thought it was done at the assesment and you recieved a copy....
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ESA will record assessments but PIP don't. http://www.capita-pip.co.uk/en/assessment-process.html
Should you wish, you may use your own equipment to record the face-to-face consultation. This must be undertaken in line with the following DWP rules:
- You need to notify us before your appointment that you will like to record your assessment by calling our Enquiry Centre on 0808 1788 114.
- You will need to provide your own audio-recording equipment. Your recording equipment must be able to produce two identical copies of the recording at the end of the assessment, either on audio cassette or CD. Mobile phones and laptops are not suitable mediums for recording assessments.
- You will need to give one copy of the recording to the assessor, at the end of the appointment.
- You will need to sign an agreement that sets out what you are and are not allowed to do with the recording.
- We will retain a copy of the recording for a maximum of 14 months, at which point it will be destroyed. We do not pass on the recordings to the DWP and they are not used in determining your entitlement or award.
- Should you attempt to record the assessment without having contact us first and agreeing to the above guidelines, then your assessment is likely to be stopped and we may return your case to the DWP.
I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.If i see a question that i know the answer to i will try my best to help. -
Thanks for your help poppy123456. Now need to look for the proper recording equipment. So much for this assesment to be more stress free .....
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Two cassette recorders from somewhere like argos will do the job. You may want to use external mics for better quality. Cassette tapes should be new and unopened. There may be an issue with plugging into the mains so be prepared to supply batteries.Depending on your condition and claim, setting up and operating two machines might not be in your favour so if possible take someone with you to do thisBe all you can be, make every day count. Namaste
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