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PIP review soon after ESA review (maintaining SG)

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5 years 6 months ago #239538 by frmarcus
Hello Gordon: I've received a PIP review form on my sis's behalf (I'm appointee). Irritatingly she's only just had (weeks ago) an ESA review (face-to-face with dr, home visit) - which maintained her Support Gp status. She receives PIP enhanced/enhanced. While if ESA evidence were used it'd be reasonably clear her PIP claim is equally unchanged, DWP apparently wants us to jump through the pointless hoop of 'reapplying', wasting both parties' resources.

Have you any suggestion, please, as to approaching this scenario, which I imagine isn'tt uncommon? I worked quite hard on gathering evidence for the ESA review - no wonder the sick find this debilitating! - and would like to re-use it for PIP (not the same benefits but big overlap).

Many thanks!

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5 years 6 months ago #239564 by Gordon
frmarcus

You need to approach it as a separate claim from the ESA, it is more than likely that the PIP team have no idea that an ESA award has just been made.

You can certainly use the information from her ESA assessment including the assessment report but I disagree that there is a big overlap between the two benefits and even where there are the criteria can be quite different, so you need to explain the relevance of the ESA information to the PIP activities as those assessing her are unlikely to make the connection themselves.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 6 months ago #239770 by frmarcus
Thanks, Gordon. I would add a caveat to your advice, though. She got the ESA home visit seemingly because I advised them that her PIP mobility award included inability to travel to unfamiliar places unaccompanied (and no-one could accompany). Having initially refused the ESA home visit, I asked them to cross-reference with her PIP award. Presumably they did, 'cos they then offered a home visit with no further 'evidence' submitted for it.

What you've alerted me to is that there's no automatic cross-referencing of ESA and PIP when jointly claimed, so I'll ensure to state that she's just had an ESA review, maintaining SG status.

More broadly, would it not be odd - almost illogical - that if in the SG (longer-term) one wouldn't also qualify for at least PIP standard daily living and/or mobility? After all, PIP is awardable to those working (although how many receiving it DO I don't suppose is known), but ESA is in lieu of ability to work, and on that logic may be the more stringent test of disability. If so, if awarded ESA SG it stands to reason that one should be awarded PIP... They may nonetheless be different tests of disability, but ESA is still apparently the more stringent. And I note the intro the the ESA guide on this site that describes how the tests were revised a number of times to make them more and more difficult to meet the disability threshold(s).

That seems like a logical scenario, anyway, but you may suggest it doesn't reflect your knowledge of claimant experience...

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5 years 6 months ago #239783 by Gordon
frmarcus

I'm afraid you are seeing logic where there is none, it is perfectly possible for someone to be in the ESA Support Group and have no entitlement to PIP and for someone to have an Enhanced award of PIP and not qualify for ESA.

So, as I said include information from her ESA assessment but explain the relevance of it to those assessing her as there is every chance that they will not make the connection themselves.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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