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Awarded PIP after telephone conversation with them

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5 years 2 months ago #244489 by tracy2016
I'm writing on behalf of my sister who is also a member of your Forum. She put in a claim last year for PIP and was turned down after attending her Health Assessment. She went through the normal procedure with putting in a Mandantory and being turned down for this, then Appealed. Was waiting for the Tribunal Hearing, then this afternoon recieved a phone call from the DWP, and after asking her some questions about her illness said they will award her Standard Rate of the Care Component and will back date her payments from last May. The Lady she spoke to asked if she will accept the decision and she said Yes.
My query is- because she is already in receipt of ESA ( and in the WRAG) will she automatically get transferred into the Support group as I'm sure I have read on your Forum last year that this is the case if somebody gets a PIP Award ( I don't know what component it would be). I think I must of read this on your PIP Appeal Guide, but it is nowhere to be found now. Her Case is complicated as I see it, as my sister tells me she used to claim Jobseekers Allowance when she first got Sick and had to leave her employment. She put a claim in for ESA at the time- around 2017 and was turned down, then went to Appeal the following year and won the Appeal, and was awarded ESA, but

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5 years 2 months ago #244491 by Gordon
Yvonne

I'm afraid your sister's PIP award will not result in her being moved to the Support Group, this can only happen if she meets one or more of the SD Descriptors.

Gordon

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

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5 years 2 months ago #244495 by tracy2016
Replied by tracy2016 on topic Awarded PIP after Telephone conversation
I have just posted part of my query on your Forum- as there was not enough space to finish my text. Hope you can accept it this way, in two parts. As I was saying, I'm writing on behalf of my sister. I will finish off where I left off. When she won the award of ESA at Appeal in 2018 ( she was previously on JSA) she didn't ask the judge what group she would be put in. Wasn't until days later her jobcentre told her she was in WRAG group. At the time the CAB told her to go to Tunbridge Wells with all her papers to another CAB office as ( for some reason) I don't know- they couldn't deal with her case. When I ask my sister, she can't seem to explain what happened- she is confused about it. She never took her papers as suggested at the time as it felt all too much for her. Since that time she just has to go along to her local job centre now and again when they call her in, even though she cannot look for work yet. Job centre are nice to her and say that she will not be forced to look for work, but I have always said if thats the case 'shouldn't she be in the Support Group'? We think they have made a mistake by making her report to Job centre, when even the Job Centre say she does not have to look for work. Now she has been awarded PIP today, where does she stand with her ESA? She phoned DWP asking if the Procedure is now to place her in Support Group and person on phone said they don't know and that she should ask her Job Centre.
Hope you can advise.
Thanks.

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5 years 2 months ago #244498 by Gordon
Replied by Gordon on topic Awarded PIP after Telephone conversation
Yvonne

As previously posted the PIP award will not have any direct on her ESA award.

To be placed in the SG she needs to meet one or more the SG Descriptors, have you looked to see whether this is the case or note, the Descriptors are listed in our ESA Claim guide.

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

If you/she reasonably believe that she does now meet the criteria for the SG then she can report a Change of Circumstances to the DWP office dealing with her claim but she needs to be aware that doing so will result in a full reassessment of her claim, a new ESA50 and almost certainly a face to face assessment, the new Decision, whatever it is will supersede her existing award.

Gordon

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