PIP appeal and Capability for Work Questionnaire
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Steve_Laker
Posts: 1 Newbie
Hi all,
It's hard to know where to start this, when the DWP social cleansing machinery has almost got the better of me and made me give up. I've searched for similar posts and I think I know some of the answers to my questions, but I kind of need personal reassurance.
My issues are mental illness (depression, anxiety and PTSD, mainly accumulated when I was homeless a few years back). For the last four years, I've been receiving ESA and I'm in the support group. I've also been judged as entitled to PIP, as I've won two tribunals against decisions made by assessors find in my favour. I know why they put us through this, to make us give up. And although I've been through it twice already, DWP seem to be making it as difficult as possible this time.
My re-assessment was as long ago as 3rd September last year. Since then, after DWP sent me the wrong paperwork many times, I've had a mandatory reconsideration, which of course found the same as the first: I'm not entitled to PIP.
After giving up trying to get the correct paperwork from DWP to start the appeal process, I launched my own appeal online. It's been lodged and HMCTS have written to DWP, who have until 9th April to respond. Then I hope to get a tribunal date and have a panel agree that I'm entitled to PIP.
The real big spanner this time is JobCentrePlus have sent me a 'Capability for Work' questionnaire. This is new to me: Are they asking me to reapply for ESA, giving them a reason to cut my benefits altogether? Are they trying to put people in the working group? If I win my appeal, should I treat this as separate, or is it their attempt to just halt the process and give me further reason to give up?
Sorry about the ramble, but like I said, I need some sort of human reassurance, after what's a completely dehumanising process. It's made me even more unwell (part of their agenda), and I wonder not just why they put us through this, but why they incur so much extra expense in doing all they can do deny people help? I've seen figures which suggest they're spending more on the apparatus to throw people out than it would cost to pay the benefits (human rights?) they're due.
Answering my own main question, I suppose I have to complete the Capability for Work questionnaire. Does that buy DWP more time to delay my appeal, or does that go ahead separately. Any help with my confusion (they design it that way) gratefully appreciated.
It's hard to know where to start this, when the DWP social cleansing machinery has almost got the better of me and made me give up. I've searched for similar posts and I think I know some of the answers to my questions, but I kind of need personal reassurance.
My issues are mental illness (depression, anxiety and PTSD, mainly accumulated when I was homeless a few years back). For the last four years, I've been receiving ESA and I'm in the support group. I've also been judged as entitled to PIP, as I've won two tribunals against decisions made by assessors find in my favour. I know why they put us through this, to make us give up. And although I've been through it twice already, DWP seem to be making it as difficult as possible this time.
My re-assessment was as long ago as 3rd September last year. Since then, after DWP sent me the wrong paperwork many times, I've had a mandatory reconsideration, which of course found the same as the first: I'm not entitled to PIP.
After giving up trying to get the correct paperwork from DWP to start the appeal process, I launched my own appeal online. It's been lodged and HMCTS have written to DWP, who have until 9th April to respond. Then I hope to get a tribunal date and have a panel agree that I'm entitled to PIP.
The real big spanner this time is JobCentrePlus have sent me a 'Capability for Work' questionnaire. This is new to me: Are they asking me to reapply for ESA, giving them a reason to cut my benefits altogether? Are they trying to put people in the working group? If I win my appeal, should I treat this as separate, or is it their attempt to just halt the process and give me further reason to give up?
Sorry about the ramble, but like I said, I need some sort of human reassurance, after what's a completely dehumanising process. It's made me even more unwell (part of their agenda), and I wonder not just why they put us through this, but why they incur so much extra expense in doing all they can do deny people help? I've seen figures which suggest they're spending more on the apparatus to throw people out than it would cost to pay the benefits (human rights?) they're due.
Answering my own main question, I suppose I have to complete the Capability for Work questionnaire. Does that buy DWP more time to delay my appeal, or does that go ahead separately. Any help with my confusion (they design it that way) gratefully appreciated.
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Comments
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ESA and PIP are completely separate.
All ESA awards are subject to periodic review. You need to complete and return the ESA50 - if you do not you will be found fit for work and your ESA claim will be closed.
The PIP appeal will run it's course but unfortunately the waiting time for a hearing is very long in parts of the country. (incidentally as the appeal process is run by the tribunal service DWP have no role/responsibility in providing appeal forms.)Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
The work capability assessment form you've been sent is nothing to do with your PIP claim, they are totally different benefits.
For ESA they can re-assess you anytime from 3 months. You'll need to make sure the form is filled in and returned no later than the date stated in the letter. There's no extension of time to return the form. If you're claiming for mental health and it's noted on the computer with DWP then the rules are slightly more relaxed.
You'll need to make sure you send evidence with the form because they rarely contact anyone for this.
My advice is to concentrate on the reasons why you should remain in the Support Group. It would help if you know the reasons why you were placed in the at your last assessment.
Expect a face to face assessment as most people have them.
See links for Support Group descriptors and reg 35.
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
http://www.cpag.org.uk/content/making-exception
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/fill-in-form/0 -
ESA and PIP are completely separate.
All ESA awards are subject to periodic review. You need to complete and return the ESA50 - if you do not you will be found fit for work and your ESA claim will be closed.
The PIP appeal will run it's course but unfortunately the waiting time for a hearing is very long in parts of the country. (incidentally as the appeal process is run by the tribunal service DWP have no role/responsibility in providing appeal forms.)
As the OP has mental health problems failure to return the ESA50 questionnaire won't lead to a decision that they are fit for work - the case will just proceed to an assessment.
However it rarely helps a person's case to not complete the ESA50 - its important oral evidence about how your condition(s) affect you currently.Who's going to fly your plane? / When you need to make your getaway....0 -
poppy12345 wrote: »The work capability assessment form you've been sent is nothing to do with your PIP claim, they are totally different benefits.
For ESA they can re-assess you anytime from 3 months. You'll need to make sure the form is filled in and returned no later than the date stated in the letter. There's no extension of time to return the form. If you're claiming for mental health and it's noted on the computer with DWP then the rules are slightly more relaxed.
You'll need to make sure you send evidence with the form because they rarely contact anyone for this.
My advice is to concentrate on the reasons why you should remain in the Support Group. It would help if you know the reasons why you were placed in the at your last assessment.
Expect a face to face assessment as most people have them.
See links for Support Group descriptors and reg 35.
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
http://www.cpag.org.uk/content/making-exception
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/fill-in-form/
As per previous fail to return a questionnaire does not lead to disallowance where a person has mental health problems but its still a bad idea.
Very much agree with the second set of advice - case law now clearly states that the DWP has to show improvement where they supersede an entitlement decision. If there is no significant change in presentation then entitlement should not change unless the previous decision can be shown to be erroneous in law.Who's going to fly your plane? / When you need to make your getaway....0 -
Only if the DWP have it noted on the computer, which is what i did advise "the rules are slightly more relaxed"dreamylittledream wrote: »As per previous fail to return a questionnaire does not lead to disallowance where a person has mental health problems but its still a bad idea.0 -
poppy12345 wrote: »Only if the DWP have it noted on the computer, which is what i did advise "the rules are slightly more relaxed"
Its if the claimant has declared a mental health problem on their claim form or their med cert states one. Which is of course why it would be on the computer. Contrary to popular view the DWP are not psychic so can only have it recorded if someone has informed them.
And the rules are not slightly more relaxed - they are completely different - mental health condition of any description means that the claim can not be disallowed for failure to return the self assessment questionaire.Who's going to fly your plane? / When you need to make your getaway....0 -
Taken from this link.
http://www.cpag.org.uk/content/ask-cpag-online-have-you-failed-submit-esa50-questionnaire
If you have mental health problems, the DWP has a policy of referring your case to Maximus for consideration if you have not returned the ESA50, rather than automatically refusing your claim.0
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