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Successful Results - PIP and ESA Tribunals 3 years 6 months ago #213284

I wanted to let you know about our successful results for both PIP and ESA Tribunals.

My wife had been on ESA Support Group for a few years, during this time it was suggested by Citizens advice that she should also consider applying for PIP. So we went through the process, an assessor visited the house and eventually we were turned down for PIP by not having scored enough points. Next the mandatory reconsideration. Same result. So we made the application to go to tribunal. DWP did not attend. The court awarded PIP for daily living.

While all this was going on she had a reassessment for ESA. Appointment with their medical adviser etc. She was moved to the work related activity group. Same process- mandatory reconsideration, then application to tribunal. We submitted additional evidence to the tribunal and the day before the hearing had a call from the DWP presenting officer to say they had decided to move my wife back into the support group, no need to attend tribunal.

So, what did we learn from both experiences?
1. Get medical evidence to support your case. Our GP told us they write letters for cases all the time. We have been quite stoic in the past not wishing to burden the NHS and self managing her conditions.
2. Research and understand the descriptors relating to your claim. Remember it is how your condition affects you most of the time and you need to get this across.
3. When with the medical assessor ensure you at least take notes. With hindsight I would both record the interview and make notes about non-verbal actions and signs e.g. discomfort.
4.At the medical do not be tempted to put on a brave face. My wife sat in some discomfort because she didn't want to make a fuss during the interview. This went against her as the examiner reported she was able to sit for nearly an hour. Tell it how it is or intervene.
5. At the PIP tribunal the judge and panel were totally focused on the descriptors. We knew and accepted my wife would not qualify for PIP under mobility, so we focused on the daily living descriptors. It helped the tribunal and went in our favour that we had made clear the specific descriptors we were focusing on.
6. I represented my wife at the tribunal - the judge guided me back onto the descriptors when I strayed off a little.
7. Present your evidence clearly - we cheekily pinched the DWP format.
8. Be prepared for hard work on this. It is frustrating and stressful.
9. Use the information on this site.

I wanted to say thank you to the people who run this site. We will remain subscribers as undoubtedly there will be further dealings with DWP. Good luck all those in the process.
The following user(s) said Thank You: ivyfox

Successful Results - PIP and ESA Tribunals 3 years 6 months ago #213304


Congratulations on the award and well done.

Thanks you for your post.


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