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Please advise if possible
9 years 2 months ago - 9 years 2 months ago #129688 by bro58
Hi f,
Welcome to Benefits and Work
I gather that you have already gone through The Mandatory Reconsideration stage, the DWP have not changed the adverse PIP decision in your favour, you have received written notification of this from the DWP, and you have lodged an appeal directly with The Tribunal Service (TS).
This being the case, have you received written notification yet that The TS have accepted your appeal ?
If so, are you stating that the DWP are trying to have the appeal disallowed ?
Only The TS can decide on whether your appeal should proceed.
You can use ESA documentation to support your PIP appeal, however, they are two different benefits with different qualifying criteria.
Only documentation that is supportive of the reasons why you feel that you qualify for PIP would be of relevance.
To simply say, that your should be awarded PIP as you are also in The ESA Support Group (SG) is not that helpful.
You need to know "why" you were placed into the SG to understand whether this would help.
Have you requested the ESA Documents pertaining to your SG award ? :
ESA medical – what forms to ask for?
See also : This Post.
The important "thing" to prove to The TS, is that you should have received a PIP award at the time that you were refused, don't get side tracked.
Try to pick the PIP Descriptors that you feel that you should have been awarded points for.
How you tried our : PIP Self Test ?
There is guidance of PIP Appeals : Here.
Did you use our PIP Guides to fill in your PIP 2, if not it make give you a better understanding of how it all works : PIP Claims Guide. (2nd Link on page)
See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
You might want to Bookmark/Favourite this page in your Internet Browser, that way you kind find it again easily to pose any further queries that you may have by replying to topic.
As you will see, I have merged both your posts for continuity.
bro58
Replied by bro58 on topic Please advise if possible
flower wrote: Hi
I have been awarded esa support component but refused pip could I use the fact that I get esa in my appeals.The dwp are challenging my appeals aswell and asking the tribunal to withdraw my request.I feel a lot has been twisted I initially made a claim when I didn't know what condition I had so I was confused and down playing things but when I went to face to face assessment I made things clearer.I just need to prove to the tribunal I didn't understand myself enough and was even told by doctors its in the head till I had my fibromyalgia diagnosis and by getting support I have understood why I feel the way I do
Hi f,
Welcome to Benefits and Work
I gather that you have already gone through The Mandatory Reconsideration stage, the DWP have not changed the adverse PIP decision in your favour, you have received written notification of this from the DWP, and you have lodged an appeal directly with The Tribunal Service (TS).
This being the case, have you received written notification yet that The TS have accepted your appeal ?
If so, are you stating that the DWP are trying to have the appeal disallowed ?
Only The TS can decide on whether your appeal should proceed.
You can use ESA documentation to support your PIP appeal, however, they are two different benefits with different qualifying criteria.
Only documentation that is supportive of the reasons why you feel that you qualify for PIP would be of relevance.
To simply say, that your should be awarded PIP as you are also in The ESA Support Group (SG) is not that helpful.
You need to know "why" you were placed into the SG to understand whether this would help.
Have you requested the ESA Documents pertaining to your SG award ? :
ESA medical – what forms to ask for?
See also : This Post.
The important "thing" to prove to The TS, is that you should have received a PIP award at the time that you were refused, don't get side tracked.
Try to pick the PIP Descriptors that you feel that you should have been awarded points for.
How you tried our : PIP Self Test ?
There is guidance of PIP Appeals : Here.
Did you use our PIP Guides to fill in your PIP 2, if not it make give you a better understanding of how it all works : PIP Claims Guide. (2nd Link on page)
See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
You might want to Bookmark/Favourite this page in your Internet Browser, that way you kind find it again easily to pose any further queries that you may have by replying to topic.
As you will see, I have merged both your posts for continuity.
bro58
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