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Won appeal for ESA. Also awarded PIP

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8 years 5 months ago - 8 years 5 months ago #141745 by rosenana
Won appeal for ESA. Also awarded PIP was created by rosenana
Thank you so much for your support and your guilds, it's has help me a lot

I was in support group before
Successful appeal for ESA!!!!!!!!!!!!! I was awarded 15 points WRAG

Can I ask for MR, for me to be put in support group, will it effects my award ?

Awarded PIP!!!!!!!
Also today I received my award letter, which says standard rate daily living component 11 points and mobility component 10 points

Can you tell me what us I can claim, also am I intitle to any premium ?

Thank you
Last edit: 8 years 5 months ago by slugsta.

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8 years 5 months ago - 8 years 5 months ago #141759 by slugsta
Replied by slugsta on topic Won appeal for ESA. Also awarded PIP
Hi Rosemary,

I am so glad that your claims were eventually successful, even if you did not get exactly what you hoped for.

As your ESA is a tribunal decision I'm afraid you cannot ask for a further reconsideration. The only way you could take this further is if you could show there had been an Error in Law during the hearing. Your first step towards this would be to request a Statement of Reasons. However DWP would also receive this and, if they thought there had been an Error in Law, they could also try to take this further to try and overthrow the tribunal decision. It is up to you but, in your position, I don't think I would want to take the risk!

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

Are you happy with your PIP award?

If you are receiving, or entitled to, Income Related ESA you should be able to get ESA premiums now that you are in receipt of PIP.

ESA Premiums

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 5 months ago by slugsta.
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8 years 5 months ago - 8 years 5 months ago #141923 by rosenana
Replied by rosenana on topic Won appeal for ESA. Also awarded PIP
Hi Mrs Hurtyback

Thank for the advice ,

ESA premium (severe disability premium ) dose it automatically awarded or youl have to apply for it ?

Am not happy with my award but am scared that if I try to challenge it they will withdraw it,

Pls advice me, if I ask for MR Will I still continue receiving PIP or will they withdrew it,

I feel I should have be awarded 2 points Instead 1 point that was given to me for Managing therapy or Monitoring a Health condition, because am diabetic on insulin twice a day, testing my suger level four times a day, on inhalers and tablets for my asthma also about 10 Other medications for severe depression, and severe hypertension my family encourage and administrate my medication


With Planning and following journeys I was awarded 0 point which feel I should have awarded 4 points or more as I can not go out to unfamiliar place on my own I need some one with me also I can't go on public transport I have to drive or take taxi, and also someone have be in the with me when am driving.
Last edit: 8 years 5 months ago by slugsta.

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8 years 5 months ago #141931 by slugsta
Replied by slugsta on topic Won appeal for ESA. Also awarded PIP
Hi Rosemary,

If you request an MR of your PIP decision, payments will continue at the standard rate until a further decision is made.

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

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8 years 5 months ago #141933 by Gordon
Replied by Gordon on topic Won appeal for ESA. Also awarded PIP
Rosemary

I've merged your posts so that I can see the advice you refer to.

You will need to contact the DWP about the Severe Disability Premium and ask for an IS10 form, you will need to be living alone, or considered to be, no one must be receiving Carers Allowance for you and you must be receiving Income Related ESA in part or in whole.

You scored above the minimum for a PIP award so your current award should be safe, but there is no guarantee to this, if you request an MR then your current award will remain in payment until a the DWP make a new Decision.

In regard to Managing Treatments, you will need to show that the prompting and support that you mention is required rather than easier for you, one way to show this is to explain how you are affected when this support is not available.

As to the Mobility, your avoiding public transport is not a strong argument in itself, I would go back to the PIP Claim guide and have a look at the requirements for the Going Out activity and the associated notes.

Gordon

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