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DLA TO PIP questions

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7 years 8 months ago #165641 by Gordon
Replied by Gordon on topic DLA TO PIP questions

Jianne1274 wrote: Thank you for your reply I will indeed fill in the pdf version..should I request the report for the esa whatever that's called or will that trigger a reassessment ??Can I copy more or less the previous one as nothing much as changed ?


Sorry, are you talking a previous ESA assessment report? If you are then it is unlikely to be at a DWP office now so you will need to issue a Subject Access Request.

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

You can certainly copy the content from a previous ESA50 but you do need to make sure that what you are saying is still relevant to your conditions as they are now. The last update to the ESA Descriptors and Regulations was in January 2013, so if you last assessment was before this then you need to go back to the ESA Claim guides to check that you still score points, if after then there have been changes to some of the guidance for ESA and it is still worth checking the guides.

Gordon

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7 years 8 months ago #165731 by Jianne1274
Replied by Jianne1274 on topic DLA TO PIP questions
Yes Gordon sorry for the confusion..it was after then my assessment was in October of that year..my conditions have worsened and have a few new ones and somethings under investigation..I am surprised that they don't keep thus stuff it was only three years ago ..it would certainly be helpful for them and me if they had.

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7 years 8 months ago #165758 by Gordon
Replied by Gordon on topic DLA TO PIP questions

Jianne1274 wrote: Yes Gordon sorry for the confusion..it was after then my assessment was in October of that year..my conditions have worsened and have a few new ones and somethings under investigation..I am surprised that they don't keep thus stuff it was only three years ago ..it would certainly be helpful for them and me if they had.


It's not that they don't keep it, old documentation is regularly moved to off site storage, that's why you need to make a formal request for it rather than just having to phone up.

Gordon

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7 years 8 months ago #166012 by Jianne1274
Replied by Jianne1274 on topic DLA TO PIP questions
Hi I am just wondering because I need to be prepared for my own peace of mind otherwise I will make myself iller wondering ...at a tribunal do they look at all the claim again or just the bits you have questioned for me that's mobility??? Can they decrease or remove the award?? If you are unsuccessful at tribunal do you keep your original award that the dwp gave you??I know that seems confusing but I am questioning myself right left and centre at the moment..I have today complained to the head of the dwp and got my local m.p involved with regards to the complaint I am pursing against atos..don't know if it will do anything but I feel I have no choice :)

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7 years 8 months ago #166027 by Gordon
Replied by Gordon on topic DLA TO PIP questions
Jianne

A Tribunal panel has a duty to ensure that the right award is made, this means that even if the claimant asks them to only look at one component, if the panel think that they nee to look at the other then they are legally entitled to do so.

However, they also have a legal obligation to tell the claimant if they believe that there is a risk to the current award so that the claimant can withdraw their appeal.

Yes, you would normally keep your original award if your appeal is unsuccessful.

Gordon.

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7 years 8 months ago #166066 by Jianne1274
Replied by Jianne1274 on topic DLA TO PIP questions
Thanks for the information not sure how this tribunal bit goes ....I want to be prepared because apparently MR are rarely successful ... :(

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