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PIP and ESA connection : RANT!
I remember the bad old days (still here!) where DLA reports were used as evidence in WCA, and WCA reports were used to disallow DLA claims.
Then the wonder of PIP arrived and we were PROMISED that they would be kept separate, and one would never again be used to help decide the other. In fact I see the standard cut and paste in bundles about how “automatic entitlement to ESA does not entitle PIp etc etc” and vice versa
Im now noticing a lot of PIP claimants are being reassessed not long after WCA failure. I put it down to bad luck/coincidence etc.
Just got a bundle : client awarded EDL PIP. fails WCA. Gets sent review form for PIP. States no change on all descriptors. PIP DM reduces award with no medical : they have blatantly said the entire reason for reducing award is based SOLELY on the findings of her WCA / esa85 report. I wouldn’t mind, but we are appealing that ESA decision as well, so until the outcome of the hearing the ESA85 and ESA decision isn’t worth the paper its written on.
Careful now! Down with this sort of thing! Rant over! (for now)
Grrr…..
thats disgraceful.
was the original award a fixed term? if not id hope the tribunal will consider chucking that out due to no grounds to supersede.
Yup. Fixed til 2019. RM1(96) should also apply : there is a single line in ESA85 that states “the claimants health has improved since last assessed” without a damned thing to support it. Just an HCP opinion with no clinical findings.
Im furious.
It does appear to be a growing thing. Seen it too many times recently for it to be coincidence.
I had a case where a new claim for PIP was turned down on the basis of ESA medical only. The strange thing was that the client was put in the SG. ESA medical gave very little information because it was cut short - so obvious was the need for the client to be in the SG. This was one of the rare times when PIP was changed at MR though.
I suppose it’s inevitable that if claimants use cross-benefit evidence the DWP will feel it has to as well. But the essential thing for me is proper interpretation of that evidence. 0 points in a WCA could be entirely consistent with an award of PIP, for many reasons from the criteria being different to it being a biased shambles that will inevitably be overturned on appeal.
We have recently seen 2 cases where ESA payments have been stopped because the claimant had received a PIP award and DWP said they were checking that this did not debar the claimant from continuing to receive ESA! Another person was told by DWP that his ESA was likely to stop if he claimed PIP, so he withdrew his claim. We have made a complaint but no response so far. Anyone else seen this?
Just waiting for decision disallowing PIP because the ESA50 says the client can walk 50 metres !
Question 1 of the ESA50 makes no provision for less than 50 metres.
Just waiting for decision disallowing PIP because the ESA50 says the client can walk 50 metres !
Question 1 of the ESA50 makes no provision for less than 50 metres.
That really does take the prize.