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Condition deteriorated - should I claim PIP?

  • jnms
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9 years 1 month ago #132553 by jnms
Hi,

Over the last year or two my condition has deteriorated. I am currently on lowest rate care and mobility for DLA. At the time I thought I should be on middle rates at least but I was too ill and didn't have the energy to appeal, and I heard horror stories about benefits being taken away on appeal, so decided it wasn't worth it.

Recently I applied for ESA and was put straight in the support group. This gives me some hope that the DWP are getting decisions right. I got some confidence from filling out the form correctly. I guess I have been put off by a lot of horror stories.

I only get around £40 a week for DLA, and I have assessed myself and I think I should definitely be on enhanced rate care if I apply for PIP, that alone doubles my money.

Should I apply for PIP? Is it harder to get than DLA?

Thanks

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9 years 1 month ago #132557 by Gordon
jnms

The first thing you need to check is whether you are in an active PIP postcode as you will not be able to apply for PIP if you are not. See

www.gov.uk/government/publications/pip-postcode-map-uk

Our experience is that most members over assess themselves when they look at claiming a new benefit, the stated intention of PIP is to reduce the disability budget by at least 20%, so many claimants will struggle to retain their existing awards, although there will clearly be some that will qualify for a higher award.

I would have a look at our PIP Claim guide which give you a more detailed understanding of the Descriptors, at least that way you will be fully informed if you decide to go ahead. See

www.benefitsandwork.co.uk/help-for-claimants/pip

Gordon

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

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  • jnms
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9 years 1 month ago #132572 by jnms
Hi there Gordon,

Yes I am in a PIP postcode so I can claim it.

I am aware claimants overassess themselves but I was honest in my assessment that I should be in the support group for ESA and it turned out correct. I just can't see how I can't get enhanced rate care for PIP, at the very least.

One thing I am worried about is if I apply for PIP they may look at my ESA award again, and remove it, even though I am pretty sure of being fairly placed in the support group. I've heard of DWP doing that, using PIP forms for ESA claims and vice-versa.

I bought the paid guides from here, and that's how I filled out my ESA50 form properly. When I got my DLA award, I didn't have access to these guides and just filled it in with whatever came into my head, not aware that saying some things would make my case less strong etc. I think the B&W guides were the difference. My doctor wrote on it as well but in hindsight it's not like he is a benefits expert, he didn't know about descriptors and all the things the DWP uses.

First I am risking a small DLA award (£40 a week). If I get £20 a week or £0 even after appeals then I am OK with that risk.

Then there is the risk to my ESA SG which is three times my current DLA award. That would devastate me.

I have all medical evidence etc. so I am confident but with the DWP you never know.

What do you think I should do?

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9 years 1 month ago #132575 by y_not4
I can only go by my own experience. I'm told that I UNDER estimate my condition (I simply don't want to be disabled so I guess I try and pretend I'm not ... but apparently it doesn't fool others)

The whole thing seems to be a gamble but, even if you lost the gamble there is the option to appeal (which I accept you could also lose) worth a face-to-face with CAB or a welfare rights organisation as they will give the best guidance as they can see your condition.

I realised that the key is NOT about your condition; my COPD is only moderate BUT it causes ME to have real difficulty when I get involved in any exertion takes a long time to get control of me breathing again whereas someone with severe COPD may have less of an issue. It's all about how it impacts on YOU and your life.

An extreme example (?) a man has 'terminal man-flu" whereas a woman has "a bit of a sniffle" but both have the same cold virus (sorry, hope that doesn't cause offence).

It seems to be less about your condition and more about how it affects you.

Whatever you chose - good luck!

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9 years 1 month ago #132593 by Gordon
jnms

Whilst we have seen PIP assessment reports used as evidence in support of an ESA award, we have not seen them used to initiate a re-assessment of an ESA claim, in fact the then responsible Minister has actually publically stated that this will not happen.

Gordon

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

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  • jnms
  • Topic Author
9 years 1 month ago - 9 years 1 month ago #132607 by jnms
@y_not - that's a good point. My condition is severe but it also affects me severely as well. I guess that's how I got support group with no medical required.

@Gordon, so you're saying that, if I initiate a new PIP claim, it's very unlikely to cause a re-assessment of my ESA award? That's my main concern as they basically awarded me the best possible award that I could get.

My DLA, on the other hand, is just not proportionate to my condition and how it affects me on a daily basis. The reason why I didn't appeal was just due to exhaustion, I couldn't take the pain to dispute it. I sort of disagreed at the time but thought it was better than nothing, so I just shut up. My specialist wrote a bit on my form but he wasn't much help otherwise. Now I realize after getting proper advice I should have been getting a lot more, in my opinion.
Last edit: 9 years 1 month ago by .

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