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medical evidence esa and pip.
- raindaisy
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9 years 11 months ago #136163 by raindaisy
medical evidence esa and pip. was created by raindaisy
Hi
i received my medical reports from dwp and atos which gave me a positive ESA SG .
The HCP " observed me walking 25 meters , slowly" her report was detailed , including me sitting and rising for 50 minutes , in pain etc ..
the DM has scored 15 pts for esa. and meets one of the descriptors set out in schedule 3 .
1. I have recived my date for oral hearing in july.
2. a copy of a "direction notice" the respondent has not responded within the time limit and has not requested an extension" the HMCTS has given them 14 days from 10 /6. my appeal has been set for 10/07.
what does this mean ??
3. will the dwp look at the appeal again , now i have completed my esa? i know the two are separate , but seems they do use both . ( my PIP decision stated they had used my esa assess, which i had not had )
4. advise seems to conflict , a disability rep says , no point in sending esa medical reprts, the tribunal will not consider them. full stop. a friend who is a wbo , says it will do no harm as the HCP for PIP says " walked 8 meters " and the DM " can walk 200 meters" yet ESA HCP actually saw me walking and the DM has considered the medical evidence.
i am due in for an op on Wednesday , just wanted to get any paperwork off before i go in. thank you.
i received my medical reports from dwp and atos which gave me a positive ESA SG .
The HCP " observed me walking 25 meters , slowly" her report was detailed , including me sitting and rising for 50 minutes , in pain etc ..
the DM has scored 15 pts for esa. and meets one of the descriptors set out in schedule 3 .
1. I have recived my date for oral hearing in july.
2. a copy of a "direction notice" the respondent has not responded within the time limit and has not requested an extension" the HMCTS has given them 14 days from 10 /6. my appeal has been set for 10/07.
what does this mean ??
3. will the dwp look at the appeal again , now i have completed my esa? i know the two are separate , but seems they do use both . ( my PIP decision stated they had used my esa assess, which i had not had )
4. advise seems to conflict , a disability rep says , no point in sending esa medical reprts, the tribunal will not consider them. full stop. a friend who is a wbo , says it will do no harm as the HCP for PIP says " walked 8 meters " and the DM " can walk 200 meters" yet ESA HCP actually saw me walking and the DM has considered the medical evidence.
i am due in for an op on Wednesday , just wanted to get any paperwork off before i go in. thank you.
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- Gordon
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9 years 11 months ago #136179 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic medical evidence esa and pip.
Daisy
I assume that your appeal is in regard to PIP.
The DWP has one month from when they receive notice from the Tribunal Service that an appeal has been requested, to prepare and submit their evidence to the hearing. Recently we have seen a lot of PIP appeals where the DWP have failed to meet the deadline for doing this.
The Direction Notice is the court reminding the DWP that no submission has been made and giving them a further 14 days to do so before they take any further action. There is nothing for you to do at the moment except to continue preparing your own submission.
It's not impossible that the DWP will look at your claim again, but given that they have not even responded to the Tribunal I would not expect this to happen until the day or two before the hearing.
The Tribunal cannot consider any change to your limitations that has occurred after the Decision on your PIP claim was made, I assume that the ESA award post dates this and this is probably why your rep did not think there is any point in submitting the ESA report. To use the report you will need to provide evidence that there was no change in your conditions in the time between the PIP Decision and the ESA one.
Also, ESA only considers your ability to walk 50m, this would only score you 10 points (if accepted) for PIP, enough for a Standard award but not enough for an Enhanced award. If you are trying for the higher award and the ESA report says you can walk 25m then it may in fact be not to your advantage to submit the report as your walking needs to be limited to 20m or less.
Finally as you have a representative that has seen all of your paperwork, which we have not, then you should give serious consideration to their views on how to conduct your appeal.
Gordon
I assume that your appeal is in regard to PIP.
The DWP has one month from when they receive notice from the Tribunal Service that an appeal has been requested, to prepare and submit their evidence to the hearing. Recently we have seen a lot of PIP appeals where the DWP have failed to meet the deadline for doing this.
The Direction Notice is the court reminding the DWP that no submission has been made and giving them a further 14 days to do so before they take any further action. There is nothing for you to do at the moment except to continue preparing your own submission.
It's not impossible that the DWP will look at your claim again, but given that they have not even responded to the Tribunal I would not expect this to happen until the day or two before the hearing.
The Tribunal cannot consider any change to your limitations that has occurred after the Decision on your PIP claim was made, I assume that the ESA award post dates this and this is probably why your rep did not think there is any point in submitting the ESA report. To use the report you will need to provide evidence that there was no change in your conditions in the time between the PIP Decision and the ESA one.
Also, ESA only considers your ability to walk 50m, this would only score you 10 points (if accepted) for PIP, enough for a Standard award but not enough for an Enhanced award. If you are trying for the higher award and the ESA report says you can walk 25m then it may in fact be not to your advantage to submit the report as your walking needs to be limited to 20m or less.
Finally as you have a representative that has seen all of your paperwork, which we have not, then you should give serious consideration to their views on how to conduct your appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: raindaisy
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- raindaisy
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9 years 11 months ago #136221 by raindaisy
Replied by raindaisy on topic medical evidence esa and pip.
Thank you Gordon
I applied for PIP in March 2014. I did not complete the PIP form until late November 2014. The reason for this was , i was dealing with other officialdom , ( ESA, bedroom tax, OH heart surgery and my own ill health) and did not see the point in claiming , as it all was so negative.
However, my claim was not closed as PIP continued to seek info from GP. I think I did post this on here somewhere. The DWP telephoned me and asked if I wanted to continue with claim. I did and with help from your guides I completed the PIP form in November / Dec time and sent it in. My PIP assessment took place in January 2015. I scored zero. I req a MR. Same. I appealed.
My claim for ESA started in July 2014. I completed the ESA50 in July. I was refused immediately on lack of contributions. In October 2014, i queried this with the DWP. They confirmed I had no break in my NI Contrib for 20 years, as I either worked or claimed CA in that time. My ESA (c) was reinstated. My WCA took place , finally on 11 May 2015. The decision does post date the very late PIP decision, but my circumstances remained the same at the time of both claims. equally medical evidence to atos and dwp was both submitted at the same time.
the rep is not officially representing ..as yet. they have to confirm. I have so far done this with B&W and other resources....albeit slowly.
I just wanted to point out the PIP DM has stated I can walk 200 meters. But the HCP 4 PIP clearly states only "observed 8 meters".
Not sure how one DM can assume 200m .
yet ...the HCP and DM for ESA acknowledge and observed pain and discomfort from the onset of walking, and they acknowledged the upper limbs will not allow me to use a wheelchair and said the medical evidence supported this.
PIP SOR also states as I have "no input from Consultant therefore I can manage " my care. I wrote to consultant for support, he politely refused and said he will respond only if asked by atos, and no further attendance to his clinic is required as GP does it all
I requested atos to write to him . Atos said they did not need medical evidence from the Consultant! Yet also said they needed more medical evidence!
somehow this does not seem a fair playing field. ?? ??
thank you again. i will consider your advice.
I applied for PIP in March 2014. I did not complete the PIP form until late November 2014. The reason for this was , i was dealing with other officialdom , ( ESA, bedroom tax, OH heart surgery and my own ill health) and did not see the point in claiming , as it all was so negative.
However, my claim was not closed as PIP continued to seek info from GP. I think I did post this on here somewhere. The DWP telephoned me and asked if I wanted to continue with claim. I did and with help from your guides I completed the PIP form in November / Dec time and sent it in. My PIP assessment took place in January 2015. I scored zero. I req a MR. Same. I appealed.
My claim for ESA started in July 2014. I completed the ESA50 in July. I was refused immediately on lack of contributions. In October 2014, i queried this with the DWP. They confirmed I had no break in my NI Contrib for 20 years, as I either worked or claimed CA in that time. My ESA (c) was reinstated. My WCA took place , finally on 11 May 2015. The decision does post date the very late PIP decision, but my circumstances remained the same at the time of both claims. equally medical evidence to atos and dwp was both submitted at the same time.
the rep is not officially representing ..as yet. they have to confirm. I have so far done this with B&W and other resources....albeit slowly.
I just wanted to point out the PIP DM has stated I can walk 200 meters. But the HCP 4 PIP clearly states only "observed 8 meters".
Not sure how one DM can assume 200m .
yet ...the HCP and DM for ESA acknowledge and observed pain and discomfort from the onset of walking, and they acknowledged the upper limbs will not allow me to use a wheelchair and said the medical evidence supported this.
PIP SOR also states as I have "no input from Consultant therefore I can manage " my care. I wrote to consultant for support, he politely refused and said he will respond only if asked by atos, and no further attendance to his clinic is required as GP does it all
I requested atos to write to him . Atos said they did not need medical evidence from the Consultant! Yet also said they needed more medical evidence!
somehow this does not seem a fair playing field. ?? ??
thank you again. i will consider your advice.
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