- Posts: 51284
DLA TO PIP questions
- Gordon
- Offline
Jianne1274 wrote: Thank you for your reply I will indeed fill in the pdf version..should I request the report for the esa whatever that's called or will that trigger a reassessment ??Can I copy more or less the previous one as nothing much as changed ?
Sorry, are you talking a previous ESA assessment report? If you are then it is unlikely to be at a DWP office now so you will need to issue a Subject Access Request.
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
You can certainly copy the content from a previous ESA50 but you do need to make sure that what you are saying is still relevant to your conditions as they are now. The last update to the ESA Descriptors and Regulations was in January 2013, so if you last assessment was before this then you need to go back to the ESA Claim guides to check that you still score points, if after then there have been changes to some of the guidance for ESA and it is still worth checking the guides.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Jianne1274
- Topic Author
- Offline
- Posts: 56
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51284
Jianne1274 wrote: Yes Gordon sorry for the confusion..it was after then my assessment was in October of that year..my conditions have worsened and have a few new ones and somethings under investigation..I am surprised that they don't keep thus stuff it was only three years ago ..it would certainly be helpful for them and me if they had.
It's not that they don't keep it, old documentation is regularly moved to off site storage, that's why you need to make a formal request for it rather than just having to phone up.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Jianne1274
- Topic Author
- Offline
- Posts: 56

Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51284
A Tribunal panel has a duty to ensure that the right award is made, this means that even if the claimant asks them to only look at one component, if the panel think that they nee to look at the other then they are legally entitled to do so.
However, they also have a legal obligation to tell the claimant if they believe that there is a risk to the current award so that the claimant can withdraw their appeal.
Yes, you would normally keep your original award if your appeal is unsuccessful.
Gordon.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Jianne1274
- Topic Author
- Offline
- Posts: 56

Please Log in or Create an account to join the conversation.