× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Disability benefits  →  Thread

PIP and ESA connection : RANT!

benefitsadviser
forum member

Sunderland West Advice Project

Send message

Total Posts: 1003

Joined: 22 June 2010

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…..

stevenmcavoy
forum member

Welfare rights officer - Enable Scotland

Send message

Total Posts: 871

Joined: 22 August 2013

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.

benefitsadviser
forum member

Sunderland West Advice Project

Send message

Total Posts: 1003

Joined: 22 June 2010

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.

Mike Hughes
forum member

Senior welfare rights officer - Salford City Council Welfare Rights Service

Send message

Total Posts: 3138

Joined: 17 June 2010

It does appear to be a growing thing. Seen it too many times recently for it to be coincidence.

Helen Rogers
forum member

Welfare rights officer - Stockport MBC

Send message

Total Posts: 234

Joined: 17 June 2010

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.

Mr Finch
forum member

Benefits adviser - Isle of Wight CAB

Send message

Total Posts: 509

Joined: 4 March 2011

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.

alanbarton
forum member

Research & Campaigns Worker, Citizens Advice Service in Three Rivers

Send message

Total Posts: 1

Joined: 16 May 2017

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?

WRT Case Worker
forum member

Citizens Advice Rotherham

Send message

Total Posts: 66

Joined: 23 May 2015

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.

Mr Finch
forum member

Benefits adviser - Isle of Wight CAB

Send message

Total Posts: 509

Joined: 4 March 2011

WRT Case Worker - 18 October 2018 06:52 PM

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.