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PIP appeal adjourned as I am in ESA support group 1 month 2 weeks ago #250881

Hi all,

I am disabled myself and have 17 years of DLA/PIP claimant experience. Last year I supported a relative to make a PIP claim after she became acutely unwell and received a significant diagnosis which was life changing.

Her PIP points were all 0. We requested a Mandatory Reconsideration with further evidence, still refused, so went to appeal.

To give you a background, this lady has epilepsy, osteoarthritis, diverticulitis, and hip and shoulder dysplasia. She is waiting for a hip replacement. She has developed significant anxiety around being left alone (following a seizure which happened in a public place whereby she injured herself) and won't leave the house. Additionally, due to her worsening dexterity due to arthritic hands, she accidentally cut off the tip of her finger last year which resulted in further amputation of the digit.

Earlier this year, this lady underwent a medical assessment for ESA and was placed in the support group category. She has been deemed as unable to work. As such, when her appeal went to tribunal last week (telephone), the judge adjourned because he thinks it is relevant to review the ESA medical assessment paperwork. Annoyingly, I pointed out in the MR that she had been placed in the support group but the response was simply "entitlement to ESA does not guarantee entitlement to PIP"

Does anyone have any experience of this happening at appeal? Or does anyone have any thoughts on what to make of this reason for adjournment? The lady I am supporting has significant issues with anxiety and I would really like to be able to reassure her.

Many thanks in advance :)

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PIP appeal adjourned as I am in ESA support group 1 month 2 weeks ago #250883

Hi Sarah


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It is certainly not unheard of for the judge to adjourn a case for more information. The judge obviously feels that the panel does not have a full picture of your relative's difficulties and would not be able to make a fair judgment without it.

BIS

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

PIP appeal adjourned as I am in ESA support group 1 month 2 weeks ago #250897

Hi,

Thank you for your response (and advice- username changed :))

I am keen to know what people's experiences have been and whether the judge has retrieved the ESA assessment report and been able to make a judgement without the hearing needing to be heard by the tribunal?

Thanks

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PIP appeal adjourned as I am in ESA support group 1 month 2 weeks ago #250916

Hi swecri

The ESA assessment report is usually contained within the bundle of documents issued by the DWP to the Tribunal and the claimant.

I have attended a Tribunal where the Judge adjourned the hearing for medical reports, it hearing was to do with epilepsy, the Judge received over 200 pages of medical evidence, needless to say we were successful at the rehearing.

Gary

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

PIP appeal adjourned as I am in ESA support group 1 month 2 weeks ago #250964

Hi Gary,

Thanks for this response. Her case has been accompanied by extensive amounts of evidence and I live in hope that her needs will be acknowledged and recognised because she needs more help than she's getting at the moment. Her quality of life is so poor as a result.

Fingers crossed!

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