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TOPIC: ESA tribuanal

Reapplying for PIP mid award 4 weeks 2 days ago #227947

Hi,
Thanks very much for that, so my argument would be that doing things on my good days has that much of an effect on me that I have to rest for the rest of the day due to the pain caused, the "normal" days (20-50m days) are spent on a stick shuffling around slowly only doing what is necessary and spending the majority of my time horizontal or close to, and for long periods I'm in such great pain I can't do 2m because of being in massive amounts of pain, and the amount of time I'm now in this increased state of pain has grown because of my worsening condition.
One thing springs to mind before I leave you in peace, what happens to my existing PIP claim, does it continue to be paid or will it be stopped, and the new claim whatever the award, be backdated to the day I start the new claim?
My thanks again. Kop.

Reapplying for PIP mid award 4 weeks 2 days ago #227957

King of pain

You refer to 20m-50m in your post, to score the 12 points for an Enhanced award you will need to show that you are limited to 20m or less.

Gordon

Reapplying for PIP mid award 4 weeks 1 day ago #227971

Hi again,
Yes I'm aware of that but my query relates to his score which was awarded for the after effects of his exertions and not the distance covered, hence my question as to whether these criteria should be applied to my circumstances now that my condition has worsened and the after effects of what I do leave me in the same state as Mr Y.

So to reitterate the DWP's own guidance if I may, which is...

Mr Y is able to stand and move with a walking stick. He can walk up to
60 metres at a slightly slowed pace with some discomfort. After this
distance he starts to experience increasing hip pain. He can continue
to walk, but his pace slows even further and after 100 metres he needs
to stop and rest. This takes a lot out of him and for a few hours after, he
is unable to go more than a few steps without experiencing further
severe hip pain. It takes Mr Y between one and two minutes to walk 60
metres the first time.

His award was 12 points for the after effects his efforts had on him and not the actual distance he covered... so to clear things up, this is where I'm at, over the course of a number of hours, and a few 20-50M shuffles on my stick, e.g. my "normal" day, after I've done this distance a number of times during an 12 hour day (e.g. loo, kitchen, loo, kitchen, kitchen, loo, kitchen, loo), I am from the beginning of the day to its end, horizontal on the sofa as that's the only respite I get from the pain.
Only on a "good day" of which there aren't many (between 2-5 per month), will I attempt to do more but after a time (30/60 mins of sitting upright or a few hundred yards walking) the same thing quickly happens and I'm unable to move more than a few steps and am confined to the sofa for the remainder of the day and only able to shuffle on my stick the shortest of distances in great pain, the after effects, rolling over into the next day and more often than not into a 3rd.

I hope I've made this a little clearer, in so far as, it is about the score based on the after effects our respective conditions cause and not the actual distance covered, and should I be using this to have my PIP looked at again. My thanks again. Kop.

Reapplying for PIP mid award 4 weeks 1 day ago #227981

King of pain

It's important to understand that this is guidance and not the law, I have seen lots of members in a similar situation to you and they have not scored higher, those assessing you will look first at the distance you can walk and secondly at the guidance.

Gordon

Reapplying for PIP mid award 4 weeks 1 day ago #228014

Hi Gordon, yes i get where you're coming from, so if i do go down this route do you know if my existing claim will stop or will be allowed to continue until a decision on the new claim is reached?

Off on a slightly different tangent, i received the copy of my ESA85 from the f2f i had last week as my 1st award ends in 2020, and it is littered with inaccuracies and omissions so i've spent an age writing a letter detailing the assessors errors and will be posting it tomorrow, not that i expect it to have any influence but the decision the dwp are about to make is based solely on a flawed document in which the assessor has willfully neglected to include not just my verbal evidence but written reports / letters to GP's on two of my three conditions, i've asked if they'll suspend the decision making process to allow the dm to see what has been left out but as i say i don't hold out much hope, so man recon and tribunal here we come again i reckon, so livid, this is the second time they've done this with my ESA, if this was in a court i reckon they'd be committing perjury, plain and simple. Ill be having any f2f with them recorded from now on, my thanks again.

Reapplying for PIP mid award 4 weeks 13 hours ago #228029

King of pain

You are reporting a deterioration so there is no reason why your existing award would not remain in payment until a new Decision is made.

I'm surprised that you have received your ESA85 before the Decision has been made, DWP policy is to withhold the reports until after one has been made.

Gordon
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