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ESA /PIP Appeal form

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6 years 3 months ago #205767 by Sam51
ESA /PIP Appeal form was created by Sam51
Hi applied for ESA on 18th July 2017 was assessed in October and placed in the support group and received £73.10 pending my application. In November 2017 they have stopped my ESA stating that I had more than 16,000 in my account. I do not. I use to put my child benefit into an investment account (my name) for my children, this investment was transferred into my sons name in January 2017, following a domestic ABH case, solely for my kids, just in case something happened to me. I am ill (physically and mentally) as I have experienced domestic problems for a long time. In July I went to CAB to enquire what benefits I would be able to apply they advised me to claim ESA + PIP, which I did. In July 2017 I applied I had no income at all, as the children were taken into social care from May 2017.
Assessments for both were very traumatic in themselves and especially my face to face PIP where I was so distraught and interrupted so many times as the assessor kept stopping me to say just answer the question which triggered my anxiety and made me talk even faster, I wished I had recorded this, I went with my friend otherwise I wouldn’t gone all together. I broke down in the toilets after the assessment and the assessor realised and came after me to comfort me, but her report had dismissed my mental illness and omitted and distorted the report, which I contested given my account and my friends account of the interview over 6 pages just to receive same them upholding the assessors version.
I have complied with the DWP following a compliance enquiry in November 2017 requesting to see proof (letters, bank statements), which I have submitted at the job centre, they scanned and forwarded to DWP, even this I had to do twice as they kept saying they hadn’t received them. The documents proved I did not have this money, and was not in my account when I applied in July 2017.
I have called times DWP at least 5/6 within the last 3 months to enquire about my ESA case. Only following my last communication on the 12th January 2018 asking them why it was taking this long, with my case they didn’t know why and told someone will look back and call me.
I received a letter 24th January just maintaining DWP position and advising me that as far as they were concerned I was still not entitled ESA, as they believe I still have this money, and asked me to pay back 1450.00 plus penalty of £50.
I have no choice but to seek legal help now because as I cannot pay this! My only source of income is PIP that DWP awarded for standard care of £55.20 only. I am presently appealing with my clinical support worker as well as they have not taken the account of how my illness and mental illness affects me in my mobility.
I get £222.30 every month. I am also appealing against the PIP that has completely ignored my mental illness and I am chronically depressed and suffer from Anxieties that debilitate me, to the point that I’m left with intense headaches due to concentration or pressure that last for days at a time. I am awaiting to get long term counselling. I am going to go to appeal both ESA and PIP.
This whole process has made me tired, fatigued, drained and has caused me so much distress that I’m mentally shutting down.
I feel a lot rely on these appeals. I'm working at the same time to get my 2 youngest kids back from social services who also have recognised that psychological intervention would benefit me, following kid’s disclosures too against their father.
Would I benefit from legal solicitors help in both cases and what advice could you give.

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6 years 3 months ago #205788 by Gordon
Replied by Gordon on topic ESA /PIP Appeal form

Sam51 wrote: Would I benefit from legal solicitors help in both cases and what advice could you give.


A solicitor may cost a lot of money and add very little to either of your disputes. If you decide to go down this route then make sure that you engage someone with a proven history of appeals in Social Security Law. The vast majority of solicitors have no experience in this area.

So for your ESA, the key issue will be whether you have control of the money that you put into account for your child, the DWP view is that you do, this is primarily a matter of fact and you may be able to get an opinion through a free consultation or for a minimum charge.

Your PIP is far more complicated and really requires someone with knowledge of the PIP activities, Descriptors and the associated legislation, I would think that you would be better off looking for a trained Welfare Rights worked, do an internet search for "welfare advice" with your postcode, town or county.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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