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PiP And Esa - bit confused

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6 years 8 months ago #140227 by Bazzel
PiP And Esa - bit confused was created by Bazzel
hi all im new to this site been a member last couple of weeks becasue of the expirence i have had with PiP and confused on PIP and esa please kindley dont judge me it has took me a lot of time to come on here and write , i have suffered with Anixety , agrophobia , panic attack disodrder and depression and learn difficulties and behavioural problems again please kindly dont judge me! since i was age 18 i am now 29 nearly i have never clamied in my life tbh i was scared to and felt down that if i appiled i would be judged by every one and i didnt want to but this year 2015 in may my wife had to encourage me to do so as i dont work but have in the past but early hours in the morning light jobs such as cleaning etc so i dont have any interactions with people etc so i wouldnt get ashamed and embarassed and lose my temper but any way

firstly let me explain PIP

since may 2015 i have been battleing with Pip back and from appealing not sure where to start but anyway here we go if any spelling mistakes please forgive

my wife informed them of my anixety states and my condistions i would not be able to attend a f2f due to how servrely i am affected with my condistions and my agrophobia etc again please dont judge me they still ingored the information that was advised on the pip form and asked me to attend a face to face which was 35 mins away it takes my wife over 2 hours to get me in to the car to get to a location i was very extremely distressed

i turned up at medical had the medcial and waited for reply from pip
they turned me down , my wife and myself was a bit shocked , they had all evidence from doctors , therapary letters , cbt letters , my medical history , my pyscolically letters and direct imput from mental health team that im under etc , etc

so i was nor sure what happened we appealed agiainst it
and again waited and then got refused again
we then sent it to tribunal and DWP sent me documentation of every step that my pip had been through but what i realised that in the information was my atos report and the health asseor was a pysiotherapist what was said , she awared me 16 points for daily living and 10 points for Mobility

but DWP sent it to a nurse week after which showed in the report and a Nurse over ruled it and awarded me 4 - 6 points but missed this information on tpage one and told the tribunal to go to these pages and missed out atos medical report and striaght to a nurse report who over ruled which was missed out on the direct input to the tribunal so it was at the tribunal but under there noses which clearly shows that dwp was trying to do a crafty and mess me over which they did and my wife re submited the evidence from atos and how dwp covered it up by a nurse over ruling it

well few days later as you can imagine my appeal got dissmissed and not even looked at and claim closed

i was advised to re apply which i did around about 1 week ago i had to re apply for PIP
so ive had to re do it all again with your Guides becasue i come across you which makes me even more down

but on staruday 05 th september 2015 out of the blue
i recived a letter from tribunals says that the information they received on the 20th of august has now been refered to a judge ?

so i was kind of bit shocked nad thought but i have documentation that u closed it and my case was dissmissed ?

can you kindly give me some insight on this and what you think going out of my mind

and if i do win my case how much would i be entitled to im not famulior with numbers that well

im married , got 3 children and im over 25



part 2

ESA

i have now appiled for esa and got a medical not striaght from my doctor who said come back before it ends and just pick it up , my self and my doctor have a great connection he has helped all the way with my ptoblems that i go through

im a bit confused it says that i have to wait for up to 14 weeks for a decessions abut not ecplained what happens inbetween i know about a assesment but dont no any more , does this mean i wont get any money up to 14 weeks or what not sure ?

and again if im put in support group what would i be entitled to

your help and adived would really help

i really can do with some adivice from you all really would appricaite it

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6 years 8 months ago #140255 by Gordon
Replied by Gordon on topic PiP And Esa - bit confused
Bazzel

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

You say that you appealed and waited and then got returned again, did you have a hearing or did you opt for a Paper appeal where you do not have to attend?

You say that the new letter says your claim has been referred to a Judge, does it explain why?

Whilst it is now rare the DWP do send reports back to the Assessment Provider if they believe that the report is inaccurate, this may have been the case for your claim if your primary problems are related to mental health and your original assessor was a Physiotherapist.

Have you actually made a ne claim yet? If you have not you might want to hold off doing so until you have a better understanding of what is happening with your original one. Making a new claim means that a new Decision will be made and this will limit any Decision on your appeal, in other words; if the Tribunal finds in your favour and you are refused an award on your new claim then it will be the latter Decision that will apply going forward, although this can also be appealed.

Without a better understanding of what is happening with your appeal it is not possible to offer further advice at the moment. Please reply to this post with any updates or answers to my questions.

In regard your ESA.

Have a look at our ESA guides and in particular the Understanding ESA one which explains the process in more detail.

www.benefitsandwork.co.uk/help-for-claimants/esa1

From your post the next activity would be for you to receive an ESA50 to complete, you should look at the Claim guides for assistance on how to complete this.

You will need to meet specific criteria to be placed in the Support Group, how much you might be paid will depend on your personal circumstances and the type of ESA that you are eligible for but an award is typically just over £100 per week.

If you have more questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Bazzel

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6 years 8 months ago #140261 by Bazzel
Replied by Bazzel on topic PiP And Esa - bit confused
Hi Gordon

Thank you so much for taking the time to reply to my questions

Regarding pip

I was opt in to paper because I can not attend due to my conditions

But after my appeal was dissmissed my case was closed and hers no more and was advised to re apply which I did reapply and then recived a letter out of the blue

The letter that I revived only says
From tribunal and courts - we recived reason and request for statement on 20/08/2015
This to confirm that I have referred the request to a judge and wait their response
I'm confused my self

I have downloaded all the guides I need so thank you for your help

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  • bro58
6 years 8 months ago - 6 years 8 months ago #140262 by bro58
Replied by bro58 on topic PiP And Esa - bit confused

Bazzel wrote: Hi Gordon

Thank you so much for taking the time to reply to my questions

Regarding pip

I was opt in to paper because I can not attend due to my conditions

But after my appeal was dissmissed my case was closed and hers no more and was advised to re apply which I did reapply and then recived a letter out of the blue

The letter that I revived only says
From tribunal and courts - we recived reason and request for statement on 20/08/2015
This to confirm that I have referred the request to a judge and wait their response
I'm confused my self

I have downloaded all the guides I need so thank you for your help


Hi B,

From what you have written, it seems that someone has requested a Written Statement of Reasons from The Tribunal regarding their decision

Only one of either parties to an appeal can request the above, you (The Appellant) or The DWP (The Respondent).

It looks like this request has now gone to the Judge for permission, which would be the norm.

It would be strange if DWP had made the request, as you state that your appeal was dismissed.

DWP only generally request a Statement of Reasons if they are contemplating appealing a Tribunal decision that is in the appellant's favour !

You need to ring The Clerk to The Tribunal to see what is going on.

bro58
Last edit: 6 years 8 months ago by bro58.

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6 years 8 months ago #140364 by Bazzel
Replied by Bazzel on topic PiP And Esa - bit confused
I rang the clerk at tribunal and was informed it is with judge they have no more information to tell me ? I did ask the questions what's happening - your appeal is with the judge as we speak once the judge has made their recession I will receive a letter we have no more information to provide , did I receive this letter in error - no , so basically I have to wait from judge

Regards bazzel ,
The following user(s) said Thank You: bro58

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6 years 8 months ago #140534 by Bazzel
Replied by Bazzel on topic PiP And Esa - bit confused
I recived a letter today from ESA

It says my entitlement to Income-related Is 114.85 per week up to 14 weeks

Does this mean I'm in the Income-related ESA

?

Then I wait for my medical

Regards bazzel

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