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ESA and PIP Queries

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4 years 10 months ago #248903 by Mark
ESA and PIP Queries was created by Mark
Hi

Finally taken plunge and joined. Downloaded a heap of docs to get stuck into as I am expecting assessment in both ESA and PIP in near future.

On ESA SG and PIP enhanced both. I think I’ve been very lucky to get them as I didn’t really send any medical evidence. Just explained how my mental health issues affect me. Luckily I had a support worker who took me to medicals. Got ESA without any points as it was based on risk clause. PIP got zero points. Then MR overturned and gave me enhanced in both.

I have a few questions which is one of the reasons why I joined although I appreciate it is purely a courtesy service and not part of the subscription.

1} I phoned dwp to ask a question back in February and one week later got a ESA50! Coincidence or do they engage in this sort of behaviour. If so I would advise people to be wary about phoning them unless you absolutely have to. I only asked them about entitlement to SDP if I were to accept offer of housing from council as I am currently homeless living with relative.

2} My ESA50 was received on 2nd March. Have heard nothing. Is it likely that I qualified for the 3 month suspension or could it be pending paper or phone assessment. I understand it goes to a pre board check in the first instance?

3} I’ve really had enough of medicals as it takes a lot out of me, Am hoping I will be able to insist on paper/telephone. I think I saw on this site that there is no legal requirement for them to give you a face to face so does that mean we can insist on having it dealt with on paper or by telephone? With ESA I assume they cannot close claim if you fail to attend they may have to contact you and this could result in them agreeing to paper or phone. Am I right in saying that with PIP they will simply end your claim.

Thanks.

Mark

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4 years 10 months ago #248906 by Gordon
Replied by Gordon on topic ESA and PIP Queries
Mark

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

1. I won't say that phoning the DWP carries no risk but doing so rarely results in an ESA50 to complete, do you know when your ESA was due for reassessment?

2. The DWP have not done any ESA assessments until the start of June when Maximus started to do phone assessments, today's announcement about distancing being reduced to 1m makes it likely that face to faces will be restarted next month,

However, there were considerable delays in the assessment process before the lockdown, with some members reporting waits of six months or more, so I would not read anything into the delay in dealing with your form, in all likelihood it is sitting in a pile with a load of others.

3. You can ask for a telephone assessment or a Paper Based Review but you cannot require that one is done, ultimately it is dependant on whether the assessor believes that they have the information to make a recommendation to the DWP.

As far as I aware the following rule has not been altered because of the lockdown and applies to both ESA and PIP, you can rearrange an assessment once, if you fail to attend the second appointment then your file will be returned to the DWP. They should write to you for an explanation for you not attending, if this is not accepted and it often isn't then your claim will be closed although you do have a right of appeal.

Gordon

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

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4 years 10 months ago #248911 by Mark
Replied by Mark on topic ESA and PIP Queries
Thanks Gordon. I started getting ESA about 2 years ago and the assessor stated medium term so I suppose it was due. Still bugs me though!

I was under the impression that with ESA mental health they have a duty of care and cannot close claim. Even to the point where they have to send someone around to your home to find out why you failed to attend the medical. To be honest I don’t even want a home visit. I’m not being awkward I just have had enough of it all. If I fail paper or telephone I’ll go to MR but will not appeal as I don’t want to go to GP asking for sick more every couple of months for a year or more. Is it unusual to get award without medical evidence? This is why I think I got lucky. Maybe someone else assessing me I would have failed. All seems very subjective in case of assessor and DM. I suspect the opposite of appeal tribunal who will probably not be swayed by emotion. Hence why I think I will not succeed especially as I would not attend in person.

The nature of my issues is I don’t like appointments and go out of my way to avoid them. Even sitting in a waiting room is tough.

I’m sure there are people on here with far worse problems than me who have failed to get what they believe they should be getting.

Thanks.

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4 years 10 months ago #248912 by Gary
Replied by Gary on topic ESA and PIP Queries
Hi Mark

Unfortunately I come across many claimants who have had their ESA claim stopped as they have failed to carry out an instruction or failed to attend an assessment. Are you able to get a supporting letter from your doctor? If you can, you should ask your doctor if they will provide you with a letter saying that to go to an assessment centre would cause you "overwhelming psychological distress" (They need to use that term.) which would lead to a deterioration in your mental health.

You are correct when you say 'All seems very subjective in case of assessor and DM', it depends on who you get on the day.

ESA is an indefinite award so the Decision Letters do not have an award length, you can find out when you will be reassessed by contacting the DWP, the date should be on your computer record.

Gary

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

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4 years 10 months ago #248915 by Mark
Replied by Mark on topic ESA and PIP Queries
Thanks Gary. I need to phone them in the middle of a July as I got a back payment of PIP which I have not been able to spend and the 12 month disregard is nearly up. So I suppose I may as well ask them about the status of m claim.

I just hate going to the doctor “begging for a letter”. I had a doctor at a different surgery. This was a previous claim back in 2005. Failed the appeal on paper. Went to GP (not one I had previously seen). Wrote a letter in advance spilling out all of my issues and he refused to give me a sick note. I was in a bad way at the time, Basically said that he doesn’t think he is qualified to overrule the appeals tribunal. That was it. I’ve been on and off JSA and now ESA for quite some time. Sign off for a few weeks or months then sign back on again and often based on my experience it can work in confusing them. Only downside is it messes up your NI record.

Think GP’s have now stopped writing letters,

Last ESA claim. I failed to attend. Was contacted multiple times by someone from local Jobcentre. This went on for a few months and eventually got a home visit. Zero points. Pre dating MR. Lost the appeal. Back then I wasn’t as aware as I am now about things I can say to help my claim such as advice and docs on this site.

As I said I feel I’ve been very fortunate. Assessor was a physiotherapist and in a fit of rage I caused myself an injury which he must have know what it would have took to do that. With PIP MR may have got someone who was sympathetic or had some good news that day or maybe dealt with a few awkward claimants came across my MR and nodded it through. That’s why I am always polite on the form. Always end it with “Many thanks”. Whether that works or not but just the way I am. Thing is if you were to bump into me ask for directions you would never suspect anything was wrong but I’ve been the way I am most of my life. Just need to be left alone. Never been able to hold down a job due to social contact.

I have seen numerous therapists over the years but I don’t have any regular contact now, Which is fine by me but obviously doesn’t help my case. I just could not tolerate someone following me around like you get with some people with mental health issues. This doesn’t help my case,

Thanks,

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4 years 9 months ago #249434 by Mark
Replied by Mark on topic ESA and PIP Queries
Had to phone DWP to tell them about savings increase. Asked about status of my ESA assessment sent back in February. Confirmed they received it 2nd March but has not been looked at yet.

Took about 40 minutes from 9.10am Monday so might not be best time to phone.

So guess just a waiting game for now.

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