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Got PIP but Taken off ESA

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8 years 2 weeks ago - 8 years 2 weeks ago #156940 by nanniehelga
Got PIP but Taken off ESA was created by nanniehelga
Hi this is the first time I've asked a question my 27 year old daughter was on ESA support group and she also got PIP 55 pound rate . She received a letter to go for a medical which she went along , she only received 9 points but needs 15 and has now been forced to look for a job . She has appealed against the decision but in the mean time has to look for work even though her doctor says she's not fit .
She suffers from severe anxiety and bereavement depression and works herself up into a terrible state when she's got to go to the job centre .
How can she get PIP and has been kicked off ESA and they are ignoring the GPS advice what r her chances of getting back on ESA ?
Or would she better claiming Carers Allowance for me as I'm on DLA and will she get the severe sickness premium because of her doctors advice and she does get pip
I'm really at my wits end can't cope with her major mood swings .
Please advise what her options are
Thank you
Helen
Last edit: 8 years 2 weeks ago by slugsta. Reason: removed surname

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8 years 2 weeks ago - 8 years 2 weeks ago #156956 by slugsta
Replied by slugsta on topic Got PIP but Taken off ESA
Hi Helen and 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

I have removed your surname from your post so that you maintain a degree of anonymity.

First of all, some general points.

PIP and ESA are very different benefits, it is not unusual for people on PIP - even the enhanced rate - to work full time. It is also possible for people on ESA to be not entitled to PIP.

Being awarded ESA does not depend on being unfit for work, per se. Nor does it take account of what job someone could do or whether anyone would employ them. It does depend entirely on meeting very specific descriptors.

Every reassessment of benefit should be treated in the same way as the first claim. The forms must be filled in comprehensively and any supporting evidence sent in again. Do not assume that the DWP know anything about your or your condition or will access previous records.

A claimant who has been found 'fit for work' will not be paid anything while awaiting Mandatory Reconsideration (the first step in getting this looked at again). The 'fit for work' decision effectively supersedes any fitnotes issued by the claimant's GP which means they can claim JSA in the interim if they are in immediate need of money.As soon as the claim has been accepted, the claimant can submit a sicknote and gain 12 weeks without having to meet any job seeking conditions. They must not present the fitnote when they first try to claim JSA or the claim will be refused.

Once the MR has been completed the claimant can proceed to appeal if still unhappy with the decision. Once the Tribunal Service have accepted the appeal it is possible to be paid ESA again at the assessment rate upon presenting another fitnote.

[url= ESA mandatory reconsiderations and appeals ][/url]

Now to specifics - it might be that your daughter is better off claiming carers' allowance for you. However, before she takes any decisions on this, she should get face to face advice from someone who is knowledgeable about welfare issues. If you put 'welfare advice' and your postcode into an internet search you should get some results. This is because giving advice on this subject would entail posting details of her financial matters - which would not be appropriate on an open forum such as this.

You might like to bookmark or favourite this on your web browser now so that you can find it easily in future. that way you can come back to ask further questions about this without having to start a new topic each time. It helps us considerably if everything related to the same claim is kept in one place :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 weeks ago by slugsta.

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