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TOPIC: PIP and ESA appeal chances/advice

PIP and ESA appeal chances/advice 1 week 4 days ago #220917

I had the response to my PIP MR today and they have made no changes to their decision.

I followed the guide that is available to members and sent quite a lot of information along with my MR to support my case but it seems like none of it matters.

The overwhelming thing that I noticed is that everything in the decision speaks to physical issues not mental. Given my main issue is that I have depression and anxiety (the latter of which causes me to cough and vomit), it's a bit of an issue. With food, I have an additional issue in that I suffered a nasty burn at a very young age and have a fear of heat on top of everything else.

The logical side of my brain says I have to appeal now but emotionally I'm feeling like what's the point cause I don't know what else I can provide to them as evidence.

As I was typing this, I got a call from DWP about my ESA and they say I'm fit for some form of work so my claim is being ended. So now I'm looking at an MR there too.

Stressed is an understatement. I could really do with some advice on what my chances are if I appeal the PIP and do an MR for ESA. I don't want to put myself through a "washing machine" just to end up in the same spot just a few months done the line.

Thanks in advance.

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PIP and ESA appeal chances/advice 1 week 4 days ago #220933

AC

Success rates at MR are low and I will always say to members that they need to be prepared to go on to appeal but they do happen, see the following

www.benefitsandwork.co.uk/component/sear...se=all&Itemid=100548

While there is no guarantee at appeal, the rates are significantly higher than at MR, currently over 70% for PIP and 65% for ESA, also see the following comments from a Tribunal Judge

www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge

and members who been successful at appeal

www.benefitsandwork.co.uk/component/sear...se=all&Itemid=100548

Gordon

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

PIP and ESA appeal chances/advice 1 week 4 days ago #220949

Thanks, Gordon.

When I had the phone call from DWP, the guy heavily implied that if my GP wrote a letter outlining why I'm not fit for work full stop then it would stand me in good stead. I think he was looking at the fact that in the report I sent in that my GP suggested that my then job was a factor but didn't rule out having any job. One line on one report out of everything I sent in from my counsellors and GP.

In the meantime, I've been told the apply for UC. My local jobcentre wants to meet with me tomorrow.

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PIP and ESA appeal chances/advice 1 week 4 days ago #220959

AC

I would advise you not to claim UC without getting face to face advice first.

Once you have made a claim for UC then that is it, you cannot return to ESA even if your MR is successful. Also, you will be treated as fit for work on UC, you can submit a new Fit Note but this will trigger a new Work Capability Assessment and the resultant Decision will limit any result you get in regard your ESA.

Gordon

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PIP and ESA appeal chances/advice 1 week 4 days ago #220971

Ah, this is bad news as my claim was submitted online this afternoon.

I was told by the DWP advisor who called to explain my ESA was being stopped to do so to ensure I'd avoid a gap in my payments. Given how bad my financial situation is, it made sense to me. He also told me that just because I'd be on UC now didn't mean I'd have to find work straight away given my situation so I couldn't see a downside and I'm just trying to cope as best as I can with all this.

It might not be all doom and gloom. A few months back, I met with a money advisor from my housing association. She did a benefit calculation which came back with UC figures before she realised my area wasn't UC yet. If I recall, the benefit amount worked out higher than when she recalculated. Of course, I'm going to revisit that side of things in the coming days.

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PIP and ESA appeal chances/advice 1 week 4 days ago #220973

AC

If you have made A UC claim then don't worry about it, it sounds like you need the money anyway.

Get a Fit Note from your GP and present it the DWP when you have your identity check meeting.. You need to make it clear that you want to be assessed for Limited Capability for Work.

You are going to have to understand how you failed your ESA assessment as the criteria for UC is exactly the same and you do not want to have the same problems again.

Gordon

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