10th April 2018 Law Change for PIP claim decisions/

Just had a quick memory jog, it was regarding the MH part and I'm under the impression that they will contact any one it effects in time, but if you are already recieving the benefits it want effect you, hope that's right Denise

Hello Denise, thank you for your reply. Hope you and your daughter are well?

I was awarded PIP in 2013, reassessment 2016, had PIP removed December 2nd 2016, went right up to Upper Tribunal who refused to look at it despite the fact there were several clear errors in law, (paperwork/evidence going missing, it and people promised to be there by the DWP not arriving at court etc, etc).  

DWP advised me to put in "a new claim", which I reluctantly did, as I had no choice. This latter claim has now been  been granted, at MR stage, (as assessor dotted every box insinuating I can manage everything,) ( All points were removed by DWP, relying on assessors report) so PIP is reinstated but not fully, as they have gone back to the latter claim, ( November 2017), so I feel I have lost 11 months benefit even though they agree there have been points deducted where they should not have been! That together with losing 6 years of state pension, I feel really sorry for myself Hope your claim ESA is successful, keep us informed and thank you for being here for us 'moaners'.

 Sorry forgot to mention, next  PIP assessment any time in 2021, (awarded until 2022) DWP agree points were wrongly deducted but MR rectified this and gave me them all back! What is going on?  

The system is not for the claimant, we have to follow their rules despite all the flaws! 

Received my contributory ESA, support group reassessment - here we go again!!!! "scream, scream"

Hi,

Plodding along, thanks for asking. Unfortunately the claim that you took to Tribunal makes no difference, a Tribunal decided that you weren't entitled at that time. Whether this was because the evidence you had wasn't enough or because you didn't have representation from someone and your case wasn't presented correctly I do not know. As there wasn't an error in law found then you were unable to take it any further than the first tier Tribunal, it's extremely difficult to find that error in law and not many people succeed. Unfortunately this time you're just going to have to forget about that last claim and move on, I know that's hard but your claim this time succeeded with the MR so that's good news. The change in the rules for that particular descriptor will not make any difference to that last claim which is you weren't successful with.

You review date will be 1 year before the award ends and your decision letter will state when to expect to hear from them.

As for your pension, it depends on when you were born I believe and they're moving the goal posts for that all the time. 

Your ESA re-assessment is exactly the same process as before. Evidence will be needed and it will be very helpful if you know the reasons you were placed into the support group previously because you can base your EESA50 form around that. Make sure that, that form is sent back to arrive NO later than the date stated on the letter. They do not give extra time for returning this form. If it's not received by that date your file will be returned to DWP and they will find you fit for work. ESA is even worse than PIP in my opinion. Good luck with yours.

I sent my form back on Tuesday, first class recorded delivery because this form is sent straight to the health assessment providers. I'll await the next step. 

Thank you Denise, sent the dreaded form back with evidence and support special next day signed for delivery on Thursday, gone to health assessment providers, hope I don't need another Face to Face assessment! The diaries I sent have been returned today from the health assessment providers.

I think I am traumatised, we got some shopping today and one item was in a brown paper bag and when the cashier scanned it and 'throw' it on the conveyer, I freaked out as all I could 'see' was the dreaded 'brown envelope', not a bag of meat! PTSD shows its ugly head in some of the strangest places. I'm over it now but still shaking! Only a brown packet!

The health assessment providers returned your evidence to you for your ESA review?  Is this correct? If so then I've never heard of them doing this before because they should be sent back to the DWP with your file once the assessment report has been written and returned to DWP. 

I assume they have copied them and then returned them to me, they are -- 2 day to day diaries of how my illnesses effect my life etc. This happened previously also but the rest of the evidence / paperwork has not come back to me. Now waiting to learn if I need a Face to face assessment again this time?

Hope there are plenty paper evidence for them without?

I must admit I have never ever heard of them copying the evidence and then returning it back to the claimant. I'm guessing that's not the reason they returned it, if it was then you would have had all of your evidence returned. My guess is they haven't used those diaries for your claim. How many days did you do for the diary...2 days? If it was me then I would have rang the health assessment providers and ask why they returned that evidence. 

Prepare to have another assessment because most do. This way if you're sent an appointment then it won't be too much of a surprise. 

Yes I will prepare to have to endure another Face to face, it will be a bonus if I don't. I have completed the diaries all year, did it for PTSD and fibromyalgia pain clinic etc. the specialist advised it. One went to the Blue Badge Application, then it was sent back then to PIP evidence and that was returned again. 2 completed because one was sent in etc. So wrote in new book.

The PIP said it was copied and they did refer to it. I will ask why the ESA  and ask why they have returned the 2 evidence diaries. I find speaking to them very traumatic and panic but I will on Monday.

(First PIP evidence, another diary sent in was lost and not available for the MR or tribunal.)

A year of diaries is an awful lot to read through   Writing a diary can be good evidence but a year is a lot of reading. The chances are they won't read that diary.  Maybe thinking about sending a diary for a couple of weeks, this is more than enough. I recently found out the less evidence is more. If the evidence you send doesn't prove those descriptors apply to you then there's not much point in sending it.

It's a little like writing an MR you should be straight to the point because you want them to read that letter and not get bored after reading the first sentence. 

When I sent in evidence to support my daughters PIP claim, there was a lot because at the time I didn't know that less was more. What I did though was high light the most important parts of the Consultant reports, the parts that proved those descriptors applied to her. Then if they did read it, or chose not too, even if they opened the reports the highlighted parts stood out a mile. This meant they had no option but to at least look. During her assessment I asked the HCP if he'd read the evidence I sent, his reply was "yes I did" 

I'd be interested to know the reasons why those diaries were returned so please do come back and let me know. Also please don't think i'm being negative here because i'm not, i'm simply trying to help you. I really do hope that you have a paper based assessment this time. Good luck! 

Your claim for PIP in 2016 was refused even after taking it to a Tribunal. Your new claim was refused and then succeeded with the MR. Which PIP claim was the diary used for, the most recent one? 

Thank you for your reply, I am always keen to receive your opinion and advice.

I have sent diaries for all  claims, throughout  I thought the assessors could look at the beginning, middle or end to see how I am effected by my illnesses, how consistent they are over the weeks  and how they restrict everyday life. They are straight to the point and I highlight relent sections, colours keyed   so it is apparent to what they are referring. I include appointments and treatment etc, so it is clear how I have felt mentally leading up to and following any medical interventions etc. Some of this was lost and so was never used at he 2016 claim/reassessment, together with part of my GPs letter of support, other vital evidence from a specialist etc.!

I will let you know what the assessors say concerning the return of these diaries.

I also complete daily pain sheets and have sent copies of them too but they have not been returned. They are from the hospital and display what pains I have, how they happened, intensity, effect, etc. etc.

 

Concerning the returned diaries, been on telephone 5 times totalling excess of 2½ hours trying to find out why only part of my supporting evidence, (2 pain/health diaries) for ESA reassessment have been returned?. After been given the wrong number; to cut a long story short, I spoke to Assessment where everything went.

I was told he did not know why this had happened but I have done everything right regarding this latest reassessment with them and everything has gone to the DWP?

Haven't a clue what he meant, he was not allowed to tell me if I was to be left in the support group or really explain any of my queries etc. etc. I asked twice if I needed a Face to face assessment, to which he replied "No you do not have to have a face to face medical". So I am totally confused, why tell me half a story, I am so insecure with them, I don't believe what they say, have my hopes been built up for nothing, have I misunderstood? There's only so many times you can ask them to confirm what they have said? A long worrying wait now I fear? So have not been told why diaries returned but Assessment report gone to DWP, I'm so confused.

Hi,

The reason why they probably can't tell you is because where you send the form back isn't where they complete the assessment. That's most likely a different place. 

It's possible that you could have another paper based decision, based on the evidence you sent but unfortunately I can't tell you that. The health assessment providers also can't tell which group either because it's just a recommendation until a decision's been made. I can tell you that you can't be found fit for work without a face 2 face assessment though. The worst that can happen is the you'll be placed in the WRAG. 

You can ring DWP and ask for a copy of the assessment report to be sent to you, this will give you some idea what the decision will be as there's always a report written, whether there's a face 2 face or paper based assessment. 

I must admit, if they have sent the report back to DWP already then that really was extremely quick. If it's been returned then DWP will tell you, if you ring them.

Stress, yes I agree. 

Hello 

Just a note to tell everyone, still waiting for a decision from the DWP?

This is concerning the reassessment from being in the contributory Support Group.

Nothing to do but wait!

Hope you are OK?