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Capability Questionnaire 8 weeks after PiP award?

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5 years 3 months ago #224520 by Niel
OK, I’m concerned and puzzled and would appreciate advice – bear with me as I need to include a little background.

Less than a year ago (or around a year ago) I had an ESA medical and was placed in the Support Group which I’d already been in for 2-3 years since my last medical. I had been on DLA for years and this year was migrated to PiP. As of two months ago I received enhanced PiP (living) and standard PiP (mobility). At the same time my Support Group ESA was increased to include Severe Disability Premium.

So, with my PiP starting in November 2018 (allegedly fixed for 2 years) and my new ESA rate starting at the same time, I assumed I’d be fine for a while but …. I’ve just received an ESA Capability for Work Questionnaire! How can this be? If I’ve just been found to require enhanced PiP and Severe Disability Premium, how can they now be questioning whether I’m fit for work? If I’m now found fit for work, would this overturn my PiP? My Severe Disability Premium? Is this a mistake?

I hope I’ve explained this clearly enough but I’m happy to answer any questions; I’ve found the last year sorting my Support Group and PiP status really stressful and I thought I could breathe easy for a while. I can’t believe it’s starting again after eight weeks ☹ Any comments, views or advice greatly appreciated, thanks.

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5 years 3 months ago #224535 by Gordon
Niel

Your ESA claim can be reassessed at any time once three months have elapsed since the last Decision was made, my guess is that the reassessment period was set for a year and that is why you have received a new ESA50.

The SDP is paid because you meet certain administrative criteria, it is not paid specifically because of your disabilities.

PIP and ESA are paid for different reasons, whilst there are some areas of overlap between the two, the criteria is still different. Whilst unlikely, it is perfectly possible to be in the SG and not qualify for PIP and receive the Enhanced rates of PIP and not qualify for ESA.

You have no choice but to complete the ESA50 as failing to do so can lead to your claim being closed.

Whilst a failed ESA claim has the potential to affect a PIP award it would be extremely rare for this to happen, I can count on one hand with fingers to spare the times when it has been an issue.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Niel

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5 years 3 months ago #224558 by alex
hi neil,,, this happened to a friend of mine who had a spinal problem fo years, degenerative spinal something.. he is on top pip fo care and mobility and then ESA said he is fit for work and forced him onto UC and sent him to interview where he got the job.. the job sent him to occupational therapy and they told him he is unfit for work and shouldnt have even been there in the first place!! what a disgrace!!! dont go to citizens advice as they now work for the dwp.. after receiving 50,million handout to help with the rollout of UC.. so there not acting in the best interests of claimants. :-( shamefull mate.

im a disabled male, 46 yrs old i have been diagnosed with
PTSD.severe anxiety and depressive dissorder with panic attacks
sciatic pain both legs,,carpal tunnel both hands. haemophelia, ETD.HPB.IBS and im here for help with benefits decisions/medicals etc..
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5 years 2 months ago #225772 by Niel
That's awful, absolutely shocking

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5 years 2 months ago #225773 by Niel
Thanks Gordon, that's reassuring. Given how recent my PIP award was, is it still likely I'll be required to attend another medical after sending in the ESA form? I've photocopied and enclosed the report from the PIP assessor with the form in the hope that her comments will lead whoever is reading my ESA form that another medical is unnecessary ....

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5 years 2 months ago #225791 by Gordon
Neil

Much of the PIP criteria is not relevant to ESA, so whilst the report might help with an award it is a lot less likely to help you avoid a face to face.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Niel

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