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  • FIRST POST
    • JJWSJS8700
    • By JJWSJS8700 7th Oct 17, 9:11 PM
    • 65Posts
    • 6Thanks
    JJWSJS8700
    ESA No points ~ Won PIP Appeal
    • #1
    • 7th Oct 17, 9:11 PM
    ESA No points ~ Won PIP Appeal 7th Oct 17 at 9:11 PM
    I wonder if anyone can advise me on my circumstances please?

    After 2yrs of Esa (IR) at Assessment Rate I finally had a WCA but didn't score any points therefore no income for myself for 2 months.

    In the same month I won my PIP Tribunal which was held and awarded PIP Standard Rate for care and mobility for 2 years which ends soon but I still haven't heard anything from DWP.

    Is it true or does anyone know if any/all the other entitlements I would have received during the two years I have now lost? I was told I would have been eligible fir a buspass.🙁

    Thank you for your help.
Page 3
    • JJWSJS8700
    • By JJWSJS8700 8th Oct 17, 10:27 PM
    • 65 Posts
    • 6 Thanks
    JJWSJS8700
    Oh is it not, so can you tell me please what the actual Esa SG (IR) benefit and names to bring it to 149ish per week, that's if it is that amount.

    ...and the difference for WRAG please?

    Thank you very much.
    • JJWSJS8700
    • By JJWSJS8700 8th Oct 17, 10:45 PM
    • 65 Posts
    • 6 Thanks
    JJWSJS8700
    I'm going to send the Appeal Firm off tomorrow.

    It was this PIP win from the Tribunal what I was wondering if the DWP might take to the UT??

    The ESA from Dec to May 17 backdated 73.10 has nothing to do with PIP has it?

    I did take my first ESA claim to the Upper Tribunal... Judge said I was just looking for an argument. 😆

    The FT Judge said no to appealing my first ESa claim - for a dif WCA assessment centre.

    The second claim FT Tribunal Judge allowed my Appeal and said I could attend a diff WCA office.

    Do you know which one is correct or can I do anything about it?

    I'm sorry for asking all the questions but answer at your convenience.

    You're are very helpful.
    • poppy12345
    • By poppy12345 8th Oct 17, 11:00 PM
    • 1,544 Posts
    • 1,359 Thanks
    poppy12345
    You seem to be getting rather confused. Instead of thinking what you could/would be paid if put into one of the groups, i think you should concentrate on the MR then Tribunal first. As Epitome said once they start paying you again your assessment rate + SDP is about £134 per week (as the only disability premium you're entitled to right now is SDP which is £62.45)

    DWP have as much right to appeal as we do so yes they can take it to UTT but it's rare.
    • JJWSJS8700
    • By JJWSJS8700 9th Oct 17, 12:16 AM
    • 65 Posts
    • 6 Thanks
    JJWSJS8700
    Not I'm not confused at all.

    I was wondering is it worth going through more Appeals for what a few pounds but as you say epitome explained fully.

    Thank you
    • poppy12345
    • By poppy12345 9th Oct 17, 7:41 AM
    • 1,544 Posts
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    poppy12345
    Of course it's worth going through MR then Tribunal, if you don't then there won't be any SDP unless you claim JSA. Claiming this would mean you're agreeing to look for work, if you don't you're likely to be sanctioned.

    You'll soon have to go through the PIP process again because you're award is only until January. They usually contact you about 3 months before.
    • epitome
    • By epitome 9th Oct 17, 9:26 PM
    • 2,849 Posts
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    epitome
    The FT Judge said no to appealing my first ESa claim - for a dif WCA assessment centre.

    The second claim FT Tribunal Judge allowed my Appeal and said I could attend a diff WCA office.
    Originally posted by JJWSJS8700
    Do you know which one is correct or can I do anything about it?
    If you are asking why the 1st judge refused and the second one allowed and your argument was the same for each. and is there anything you can do about it.....

    I would ask both for a Written Statement of Reasons. Then enquire again about UT the 1st decision, but i's probably too late now... But you would still have the option of "Judicial Review" of the first decision, but you should seek professional legal advice to do that.

    Single rate
    ESA WRAG = £102ish
    ESA WRAG and EDP = £117.75 ish
    ESA SG = £125.55
    SDP is an extra £62.45 on all of above.

    Couple rate
    ESA WRAG = £143.90ish
    ESA WRAG and EDP = £166ish
    ESA SG = £174ish
    SDP for 1 = £62.45
    SDP for both = £124.90
    Last edited by epitome; 09-10-2017 at 9:33 PM.
    • poppy12345
    • By poppy12345 9th Oct 17, 10:07 PM
    • 1,544 Posts
    • 1,359 Thanks
    poppy12345
    If you are asking why the 1st judge refused and the second one allowed and your argument was the same for each. and is there anything you can do about it.....

    I would ask both for a Written Statement of Reasons. Then enquire again about UT the 1st decision, but i's probably too late now... But you would still have the option of "Judicial Review" of the first decision, but you should seek professional legal advice to do that.

    Single rate
    ESA WRAG = £102ish
    ESA WRAG and EDP = £117.75 ish
    ESA SG = £125.55
    SDP is an extra £62.45 on all of above.

    Couple rate
    ESA WRAG = £143.90ish
    ESA WRAG and EDP = £166ish
    ESA SG = £174ish
    SDP for 1 = £62.45
    SDP for both = £124.90
    Originally posted by epitome
    EDP in the WRAG is only payable if a person is claiming Enhanced Daily Living PIP or High rate care DLA. The OP has an award of Standard Daily Living PIP.
    Last edited by poppy12345; 09-10-2017 at 10:10 PM.
    • epitome
    • By epitome 10th Oct 17, 8:27 PM
    • 2,849 Posts
    • 1,771 Thanks
    epitome
    Oh is it not, so can you tell me please what the actual Esa SG (IR) benefit and names to bring it to 149ish per week, that's if it is that amount.

    ...and the difference for WRAG please?

    Thank you very much.
    Originally posted by JJWSJS8700
    EDP in the WRAG is only payable if a person is claiming Enhanced Daily Living PIP or High rate care DLA. The OP has an award of Standard Daily Living PIP.
    Originally posted by poppy12345
    Never the less, I was answering the OP's question.
    • poppy12345
    • By poppy12345 10th Oct 17, 8:50 PM
    • 1,544 Posts
    • 1,359 Thanks
    poppy12345
    Never the less, your answer was still wrong....
    • epitome
    • By epitome 10th Oct 17, 9:58 PM
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    epitome
    OP asked for different components of ESA IR SG & WRAG that could come close to £149....

    I have no idea why they asked for that information, it could be because they have a friend on ESA who gets it at £149, as I say, I don't know why they wanted it....OP did not specify, that he/she only wanted the info based on what OP could currently get. So, I gave OP a lot of different combinations.

    I could have given more combos including Carer Premium, Pensioner Premium. but I didn't bother to do that.


    If you want to believe I am wrong, that is ok with me.
    • Hoogle
    • By Hoogle 12th Oct 17, 3:05 PM
    • 11 Posts
    • 3 Thanks
    Hoogle
    No need for pip for bus pass
    As long as you have a valid reason to be entitled to a bus pass then it does not matter if you claim ESA / PIP or not. I had an annual bus pass whilst being diagnosed and this year they just renewed it for 5 years which is the maximum. I do not claim pip (still in the application process 12 weeks in and still not heard) and I started my pip claim after 2 years of already having a bus pass.

    All I had to do was go to the local library get a form and had a doctor sign it I have no physical disability and no valid reason that prevents me from driving I have just been diagnosed as having Aspergers syndrome and that was enough to qualify for bus pass. Doctors have been getting in trouble for just signing the forms though so are a bit more reluctant on just doing it depending on your doctor. but it can be signed by any health professional and I am sure if you do technically qualify for 1 then you must have someone who is willing to sign it in your health support network.

    Doctors
    Psychiatrists
    Physio therapist
    Carers
    Nurses
    Support workers
    life coaches
    Social Workers
    Pain management clinics

    They all qualify as someone able to do it but also coaches at Job centers and even people doing ESA/PIP assessments (not the outsourced ones like capita) have been known to sign the form, mine did not even have the official stamp they just wrote in the address of the medical organisation.

    Again this could also be local authority having a lower standard of criteria but if you have a good valid reason for applying then you really should not have a problem getting 1. The bus pass has greatly improved my mental health and I use it to go on day trips and try to be a bit spontaneous something I have never done before as I can not cope with large groups of people/different environments new places everything has to be planned and I repeat what I know but now I am often going to Cambridge Oxford Milton Keynes etc living in Northampton I even pushed my limits getting local buses from Northampton > Peterborough > Kings Lyn > Hunstanton seaside yes it took just over 4 hours to do but I finally faced my fear of going to a new place alone (not been there since I was a little kid) That kind of trip I would not have done 2 years ago even if I drove it but I was able to put headphones on and read my ebooks and ignore all the people that annoy me on a bus usually.
    • IAmWales
    • By IAmWales 12th Oct 17, 3:16 PM
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    IAmWales
    I can't work out what criteria you would meet Hoogle. Those with Aspergers may qualify but you don't appear to meet the learning disability definition, "a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning".

    Does your LA have different criteria?
    • JJWSJS8700
    • By JJWSJS8700 15th Oct 17, 10:15 AM
    • 65 Posts
    • 6 Thanks
    JJWSJS8700
    Dear Epitome.,

    Just coming on to say thank you again for your detailed advice.

    I have been doing what you told me to do this week and I will give you the full details later today, if that's okay.

    I have had the ESA Appeal accepted and letter received from HMCTS.

    They are spot on in this area and amazing how they receive paperwork and copy back sometimes in less than 48hrs or maybe the same everywhere.

    I think you need to form your own Chargeable Advice Website.😆

    It's brilliant how you listen to strangers problems and take the time to work out their dates precisely.

    Thank you again.
    • JJWSJS8700
    • By JJWSJS8700 15th Oct 17, 10:18 AM
    • 65 Posts
    • 6 Thanks
    JJWSJS8700
    Thank you Hoogle for your brill advice, I have applied to the local council because it costs me £5 just to gobto a Doctors appointment.

    Thank you
    • JJWSJS8700
    • By JJWSJS8700 16th Oct 17, 9:29 AM
    • 65 Posts
    • 6 Thanks
    JJWSJS8700
    Thank you everyone who has taken the time to give me advice on my ESA and PIP claims.

    I still have had no payment from either ~ now 8 weeksfir ESA.

    Good morning Epitome.,

    I contacted the PIP office at DWP via the freephone number because I had no credit and the London Atos very willingly transfer you the PIP office if you ask, I don't know if everyone knows that.

    When I was transferred to DWP PIP office, they said I've got to wait in the que and it does not matter if you have waited nearly 2 years, how they can't put a note on my file to hurry it up, advising me to get my MP involved, just not interested as normal for me.

    I asked for a call back and he allowed it, which was literally 15 mins later.

    It was from a clerical worker not a DM, who was so sympathetic I thought it was a joke and he said he would pass it on to the DM that I had waited so long, don't know if it will make any difference.

    Regarding my, ESA claim I sent the SSCS1 to the Tribunal on Monday.

    I know HMTCS are very efficient so on Wednesday 11 October I sent my old medical certificate from when my ESA claim was stopped and put a letter in asking for 'Assessment Rate' please as I had taken my claim to Appeal at Tribunal.

    I had not received a reply from the courts but I knew they would be by end of week and by the time ESA got the letter from me it would meet up with the court letter accepting my appeal for ESA.

    On Friday 13 October just gone I received the court letter from HMCTS accepting my Appeal.

    I contacted ESA who said we have received medical certificate with your letter but have not received their letter from the court yet.

    She double checked, was very helpful, then she asked for the reference number and she would send to the 'Appeals Section'.

    I don't know if DWP have a computer link with HMCTS, were just taking the ref number just to match up with their copy when they receive it/comes through or what, I can't imagine them phoning HMCTS to confirm, do you think?

    I sent another letter on Friday with reference number (no copy HMCTS letter), which they will have received Sat morn or definitely this morning.

    Whilst I was on to ESA on Fri afternoon I thought I should ask about my Complaint which has been lodged with ESA since February, I have had a few responses even fron Acting Head of ESA Operations, but still not resolved.

    So I have done everything, I think but still in limbo.

    I thank you sincerely for helping me.
    • epitome
    • By epitome 16th Oct 17, 9:38 AM
    • 2,849 Posts
    • 1,771 Thanks
    epitome
    The appeals when received at ESA, I believe by email, are then put onto the ESA Decision Makers Appeals computer system called DMACR.

    She should have looked in DMACR, maybe she did.

    One way around this, is to ask for a jobcentre appointment to have your appeal letter and duplicate of your letter requesting re-instatement on appeal...scanned to ESA, it then gets actioned that way.

    Don't for get to ask them to do an eIS10 with you over the phone, to be sent in a handover.
    • JJWSJS8700
    • By JJWSJS8700 16th Oct 17, 10:19 AM
    • 65 Posts
    • 6 Thanks
    JJWSJS8700
    Thank you Epitome.,

    Will they send me the eIS10 Form before they have decided if I am going to be allowed the PIP award?
    • epitome
    • By epitome 16th Oct 17, 8:23 PM
    • 2,849 Posts
    • 1,771 Thanks
    epitome
    From what you say, the PIP has been decided already. If so, it will already be on DWP systems (C.I.S.)

    The eIS10 is a form they do over the phone, you do it, then they handover the completed from to the ESA Benefit Centre

    If you want to be sure, phone PIP first and ask them has your PIP been put onto C.I.S. yet? Customer Informations System.

    When you know it is on CIS then you can do an eIS10 with ESA over the phone.
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