Tribunals looking at the whole person's disabilities/health?

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 Saw this on another forum and believe that it may well be important.

......I have received a Direction notice from the Tribunal concerning my PIP appeal. They are asking for evidence of an award of other relevant benefits such as ESA, DLA........ 

Are the Tribunals getting round to looking at the whole person by wanting to see what other benefit awards may be in force? Seems a good idea especially if someone is in the Support Group of ESA and also has say a reasonably high IIDB award whereas the PIP assessor/DWP states that there is very little wrong with the claimant and consequently gets no points.

Maybe the DWP should consider all of their awards and not in isolation.

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11 Replies

  • Posted

    Yes, I think they should.  I think it is bizarre how some people can be assessed for ESA and placed in the support group with a severe disability premium, for example, but them be turned down for PIP or vice versa,  It would save lots of time and money, as well as stress to the applicant, if they were sent for just one medical assessment for both PIP and ESA.  
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  • Posted

    I totally agree. I was put into the  ESA support group back in January the day my Pips was taken away . I then was reinstated after the tribunal overturned Pips. I had to ge through the same procedure with ESA last September. It has been a nightmare stress wise and impeded my recovery from shoulder surgery and worsened my Fibromyalgia. I would like to sue the DWP for what they have put me and my family through. I had no money coming in except ESA when originally I had been awarded a year and a half of PIPS. 
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    • Posted

      That sounds exactly the same as my situation Poll. Was receiving standard daily living PIP, submitted change of circs as condition has gotten worse, at the same time started claiming ESA as SSP had stopped. Got placed straight into ESA support group (after assessment) went to PIP assessment (which I needed 3 days bed rest after as she made me do a range of movements despite me complaining in agony) lost my original 2 year award and SDP. Am now trying to survive on ESA alone while waiting for outcome of my MR. I have already started getting my appeal ready as I have no confidence whatsoever in the DWP to do the right thing.

      It is disgusting that one department doesn't work with the other, and that they use different, unknowledgable HCPs. Especially when we have to suffer way past the assessment trauma.

      I'm surprised the tribunal people haven't kicked the DWP into touch already as I'm sure they have other, more important things to do than correct DWPs wrongdoings. 

       

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    • Posted

      I did win.my case in.the end after living on nothing except Esa knowing the assessorhad blatantly.lied and contradicted herself. When I sent a copy of my report to the tribunal Sept I highlighted twenty mistakes. I had to wait for 6 months. I wish now I had not told them of.my.deterioration now but we have to don't we. Then they can move the goal.posts when I could not work as agreed by ESA already!?!!?!-.(!#--????

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    • Posted

      I am glad you fought the sods!  I don't know how the DPW staff sleep at night knowing the stress they know thy must impose on already unwell/ stressed applicants.

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  • Posted

    Mind you, I have been in the ESA support group with a severe disability premium for a number of years and in March this year I was sent a form to complete because they wanted to re-assess me.  I completed the form and sent it back expecting to be called for a medical.  Anyway, not long after I was contacted by the DWP telling me that my DLA would be coming to an end and if I wanted to apply for PIP then I should start the application process via the initial phonecall - which I did and they sent out the form.  So I filled it in and sent it back to them and only a few weeks later, they contacted me to ask me to attend a medical assessment by ATOS which I did.  Then a week after that out of the blue I received a letter regarding my ESA stating they did not require me to have a medical assessment and have decided to keep me in the ESA support group with a severe disability premium which I was on already!  Now at the time I did think it was a coincidence that I should receive the award letter for my ESA straight after my PIP medical assessment????. It is almost like the DWP let them know how my medical had gone??? I have yet to hear from the DWP regarding my PIP application but expect to hear in the next few weeks. It does make me wonder..... 

    So what I am thinking is maybe they are already starting to talk to each other 'behind closed doors' as they say?  I have seen a few others say the same online recently - that they have suddenly been reassessed for ESA as well as start their transfer from DLA to PIP at around about the same time so it is not just me!  Any thoughts?

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  • Posted

    Hi les59996.   This is interesting and a coincidence you saw this. I am also at the stage of appeal for PIP where they have asked me for this info. I am not sure though why they never asked the DWP to provide this info with their statement of reasons. I had copies of their report yesterday but no mention of my ESA award was in it.  Ta.
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    • Posted

      To be honest and from many years of experience as a civil servant, most if not all government departments fail to look at the bigger picture. As an example that until recently one department was not allowed access to information held by another. Even various sections of the same department had this problem. HMRC were the worst at this in wanting to keep everything they knew secret.The only way info could be obtained was via 'friendly contacts' where the info was given 'off the record'.

      Ironically I hear now that there are various sections of the DWP that will not allow officers to have access to their own information/data based solely on a need to know basis. 

      Seems that civil servants aren't trusted by their own bosses. Grief in my day I could access anything and everything and did not have to show why I was accessing it.

      If what the Tribunals are now doing by joining up the dots to get a more comprehensive picture can only be a good thing.

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