PIP and ESA , Being Turned Down For No Reason

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I was turned down for ESA after my initial assessment. They stated I was fit to work and should do a mandatory reconsideration over the telephone. I was still turned down afterwards eventhough I have two numb fingers on my left hand and constantly dropping things, trapped nerve in right buttock, two bad knees where I can't even climb my own stairs in a timely fashion to get into my own flat, slipped discs in my lower back where I can't bend over to even wipe myself properly. I also have sciatica all down my right leg into my knee. I have sleep deprivation and weakness in my muscles as well as a lump under my left foot that stops me even more from trying to walk. My right leg gives way on me to such an extent I can't stand. I was turned down for ESA and not awarded a single point eventhough I'm also on antidepressants and two forms of antibiotics and about 8 different types of tablets. I was told I'm fit to work full time. When my mandatory reconsideration was taken over the phone I received a letter saying my decision was only made on my sciatica when it was clearly stated about all my other conditions as stated above. Nothing was left out. They even overruled my doctor who stated very clearly I am not fit to undertake any form of manual work. I've now applied for pip and know I'll get a reply in a couple of weeks. God knows what that assessment will state. Has anyone else gone through this before and should I of got something from ESA as of my health and mobility. Seems to me people are getting turned down for no reason when they clearly do need the support.

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  • Posted

    This is a follow on from my own forum for anyone claiming pip or wants to know a little more about ESA and PIP.

    Hi. It can take about 6 months from the day of your original phone call to pip for everything to be completed. I'll try and explain as I've also applied for pip. When you initially ring them, they will send you an application form to complete. You will then have to send the application back and wait for a letter to attend the pip assessment. When attending the assessment to then take all tablets with you and all sicknites if your not working due to your condition. Take along proof if radiology reports if you have been for x-rays for slipped discs in your back etc. Take along proof of address. Proof of you by way if passport or driving licence and proof of bank account for pip as well as a utility bill. If you have been on ESA employment support allowance and been turned down for this after having they're own assessment, then do not think you will be turned down automatically for pip. Pip is entirely different and a benefit you can claim even if working. After your assessment and depending if you have brought everything pip has asked from you to bring, then your application will be submitted to DWP to make the agreed payment every month that the pip assessor believes you should receive after your assessment. The average minimum time for pip to be processed is four weeks after the assessment. But don't worry too much on this as your claim will be back dated from the original first point of contact. In my case the 14th November and I'm still waiting. I only had my initial assessment on 22nd December and the claim wasn't dealt with till the 4th January. On on the 14th January did I receive a letter from dwp saying my pip claim is being dealt with. Your claim if successful will be backdated so expect a nice tidy little sum of money going into your account. Once you receive your award letter and if your not able to work then you do not have to any longer claim jsa or universal credit because you had your ESA claim stopped if the was said you were fit to work. Once pip is awarded then take your award letter to the local council and they will pay all your housing benefit and council tax depending on your mobility and disability ratings being high or low. If you receive the low rates on mobility and disability then the council will still award you housing benefit. You will also qualify for several other benefits as of your pip award too which is a dam sight more than jsa and universal credit plus you won't have to go through all the hassle of completing job searches every week and signing on. Sorry my reply is long but I have certainly come to know these things through my own experience. I would recommend that if claiming pip then to always put in a new claim for pip 6 months before your old one runs out. This won't interfere with your existing pip entitlements. It's recommended you do this from pip and the DWP as it can in some cases take up to a maximum of 6 months for some claims to be processed. Normally the maximum pip you can get a month is about £500 so if your claim takes 6 months to process and your entitled to full entitlement then expect a lump sum if three thousand in your account at the end of that 6 month wait. Hoped this has helped a bit. Oh and if you were turned down for ESA then don't bother appealing they're decision as it still be a no from the ESA appeal as they're not interested in taking appeals seriously. Been there already and I can't even walk tidy. Goid luck with your claim

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  • Posted

    Sorry i cant agree about your view on appealing esa.. I know someone personally who scored 0 points in esa assessment took it to tribunal and was scored 29 points.. The original poster should go and see citizens advice they will sort out your appeal for you.
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    • Posted

      Hi Kim,

      Yes indeed, i completely agree with you there. If CAB isn't possible then another disability advice centre in their area will help.

      Lots of advice also given by bravo that isn't quite correct.

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  • Posted

    Hi,

    Unfortunately it makes no different whether a GP thinks a person is unfit for work when it comes to ESA/UC. ESA is about the work you CAN do rather than the work you can't do and this is what they'll assess you on. There's 2 groups for ESA, WRAG and Support Group. WRAG is about scoring points and you need at least 15 to placed in this group, or reg 29 (special circumstances) Support Group isn't about points scoring, it's about satisfying at least 1 of the Support Group descriptors, or reg 35.

    80% of MR decisions remain the same, so most people at this stage have to take it to Tribunal. Is there any reason why you didn't take it to Tribunal? When was the decision made for the MR please? Did you send in evidence to support your claim for ESA?

    Some of your advice in your other post isn't quite right. A PIP award doesn't automatically qualify a person for housing benefits. PIP is not means tested and people can claim this if they work, or have a partner that works. If they work and have a partner that works they will most likely not be entitled to housing benefit. Having a PIP award makes no difference, they still won't be entitled to housing benefit.

    PIP will not automatically qualify someone for other benefits. It doens't help with an ESA claim or if a person claims Universal Credit. If a person is already claiming a means tested benefit such as JSA/ESA/Income Support then they may qualify for extra money on top of this.

    Lots of peoples PIP awards are reviewed 1 year before their award is due to end, so applying again 6 months before is certainly not needed. 1 year before the award ends DWP will write to the clamiant and include a review form. With a review a shortened version of the PIP2 form is sent, not the long booklet type forms.

    If a persons PIP award was given by a Tribunal then these awards have an end date and DWP will contact them 3 month before the award is due to end. Therefore no need to re-apply 6 months before the award ends.

    The maximum amount of PIP per month is £557, this would be Enhanced rate for daily living and mobility.

    I disagree with what you said about not bothering to appeal an ESA decision. Yes most MR decisions remain the same BUT 65% of those who take it to Tribunal and appear in person have a decision in their favour. Well worth never ever giving up. Lots of people have taken it to Tribunal and came out with a decision in their favour. This is the same for PIP.

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    • Posted

      My mandatory decision was completed a few days ago. I will be making an appointment with cab tomorrow as they have the apoeal forms for tribunal and will help me to complete those forms and give me the help I need to prepare my case.
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    • Posted

      I've worked all my life in the same career since 1984 and have sufferd with sciatica and the traped nerve for the passed 12 years often visiting my doctor about it. But I continued in my job as I never wanted to rely on benefits. I guess you can say suffer in silence. But now I need a little help it's extremely difficult to get any support. I will be taking it to a tribunal as I believe I do have a case. But as we all know! These decision makers are not doctors and half of them do not check people's evidence properly. I've read many many forums on here regarding ESA and PIP and a lot of people who really need the help have failed to even get the smallest help of pip or ESA. It's a real shame that so many genuine people who have paid into the system all their lives can't even get a small amount of help and have to go through a tribunal service.

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    • Posted

      I'm glad to hear you're taking it to tribunal. Make sure you appear in person to give yourself the best outcome.

      I've said it many times before, you only ever read the bad stories. This is because if a person has a decision they're happy with for ESA or PIP then they have no questions to ask. For this reason we don't hear their story.

      Remember you have 1 month from the date of the MR decision to send you SSCS1 form to the Tribunal and make sure you attach your MR decision letter to the form. If you don''t do this thr Tribunal will refuse your appeal.

      Good luck and hope you're not waiting too long for a date.

       

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    • Posted

      No doubt it be several months on top to wait for a hearing. Let's hope they remember at the tribunal to back-date all the pay your entitled too. It's a total joke in itself. They do their up most to make people's lives difficult. I bet there are loads of people out there who are not getting even proper benefits they are entitled to. The job centres fail to even inform people what they can claim. I didn't even know how to go about claiming pip to begin with when I was on the sick. It was only through a friend if mine I knew about pip. I completed a back to work assessment back in September and was out on the sick from my doctor and was awarded ESA. As far as I was concerned st the time i had completed pip forms. A month later I contacted pip to see how my claim was going and they informed me that they never had a claim form from me. When I explained that I had completed a medical application form and back to work assessment form, they then told me that the firms I completed were for ESA and not pip. Jesus I wasted five weeks for nothing thinking they were pip forms I had completed. I then had to go through the whole process again. What I can't understand is why ESA couldn't inform me that when I made a claim to begin with that I could be entitled to claim pip. It's clear to see that these departments do not communicate. Even the job centre failed to give me any advice.

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    • Posted

      Thanks for your kind advice. I'm clued up for all this tribunal stuff. I'm pretty good at putting my case over in a court and at a tribunal hearing. I guess it comes down to my past job lol. I'll let you know the outcome.😊

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    • Posted

      @bravo2zero94  You are very welcome, life is so unfair, in Benefit Land.  Tip, don't admit to anything unless it strengthens your case.

       

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    • Posted

      Hi. No luck unfortunately even with PIP. Got my award from pip today and not even been granted 1 single point.
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    • Posted

      Worked in security for 34 years until October last year as of back problems.

      I applied for ESA in November and was awarded it. I also applied for PIP. Had ESA assessment on 21st December last year followed by pip assessment on 22nd December last year. ESA turned me down so did a mandatory reconsideration and in 16th January was still refused it. Today I have been turned down for PIP support as well. I guess having slipped discs in my lower back, trapped nerve in my right buttock, sciatica in my right leg down to my knee cap, two very bad knees, two numb fingers on left hand and constantly dropping things. I'm constantly out of breath, can't walk very far and has a sleeping disorder as of not sleeping properly. I have weakness of muscles and a lump under my left foot as well as on antidepressants. I guess you could say I don't meet the criteria for ESA and PIP. Lol.

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