Referring to successful ESA claim in PIP Appeal

A

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It may help your appeal if you refer to the reasons you were placed in the ESA Support Group, but be aware, even where the tests for ESA an PIP overlap there can still be fundamental differences between the two.

I would start by going through our PIP Claim guide to make sure that you fully understand the criteria you will need to meet for an award, you might want to also have a look at the ESA ones to check for overlap.

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

and

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

Do you have the assessment report from your ESA claim, you can submit it as evidence if relevant? If not you can request the ESA85 if you had a face to face or the ESA85A if you did not from the DWP that dealt with your claim.

You can opt for a Paper hearing but I need to warn you that the success rate is significantly lower than for a Oral hearing that you attend, however, If your conditions would limit your ability to appear then you must factor this in to your decision as to which appeal type to go for.

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

Gordon

Andrew wrote: Thanks for the quick response! The Oral hearing thing is going to be a problem (something of an embarrassment for a former lawyer!) as it'll mean getting someone to come along with me AND having my GP prescribe some tranquilisers.

I can submit and make representations on documents I don't get until after the appeal notice goes in, right? I've lost time on this to panic attacks already.

Once you make the appeal and it is accepted by the Tribunal Service, the request will be sent to the DWP and they will have 28 days to compile and submit their evidence, you will receive a copy of this which will include all of the documentation used in the making of the Decision, you can then create your own submission.

If you opt for Paper hearing then you will have 28 days from the date on the DWP bundle to submit your own case. If you go for an Oral hearing then you will have until 7 days before the hearing to provide your submission.

Gordon