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Old 09-10-2016, 16:29   #1
RichardCoulter
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Worrying news for ESA claimants converting from DLA to PIP.

The new PM has said that no further benefit cuts beyond those already planned are to be made during the life of the current Parliament.

Just as I was thinking that this is was very small crumb of comfort for those who rely on this support to survive, I am now informed that those who score low points during the DLA to PIP conversion are now losing entitlement to ESA:

Latest PIP worry.

Worryingly it appears from the latest evidence that the DWP are stopping some ESA awards when people fail to get many points when applying or renewing PIP after previously being on higher rate DLA or PIP. As far as we are aware this is a new trend in refusals.

This hadn't happened so far with PIP although it did with the old DLA system a few years ago.

This is mainly because most of the descriptors are different in each benefit, however where the descriptors cross ie mobility and if someone gained an award of ESA on mental health descriptors alone and the PIP assessor has reported that there are no mental health issues noted, then sadly people are finding that ESA is now sometimes being stopped or reassessed.

I've seen 9 clients this month and studied the reasoning behind each one and they all but one have one common denominator, they all failed to get at least 8 points in the mobility descriptors going from higher rate to nothing DLA or PIP within the last 8 weeks.

I have also noted a dozen calls on our adviceline stating the same.

This is very worrying as the Government forge ahead with new plans to streamline the Tribunal system and make it harder to overturn decisions. (65% win on appeal our figure is around 95% when one of 2 lawyers attend.)

It is vitally important therefore that people are ready for renewal or changeover.

People should read as much as they can from groups on the pulse of whats happening and if they can get an organisation to help them fill the PIP form in thoroughly then advise them to do so, as doing it themselves may go against them.

The PIP assessment is just as important as the form and evidence. Know what to expect, how to get there and try and get an advocate or someone to take and help you on the day, particularly if you need one under The Care Act for other things, ie if you are a vulnerable adult.

Losing not just one benefit but two has a devastating knock on effect to other benefits, carers and mobility cars and the Appeal process can take up to 7 months in total, so it's vitally important you get it right first time!

Also, it used to be more Work Capability Assessments that put magazines and flimsy paper cups with their water machines in a bid to watch you whilst you waited, now it appears to be PIP too.

This assessment was at Hillview at Blackburn Royal Hospital:

It's important to note the receptionist sits behind a window in the hall and it's only a small waiting room and we have not seen this kind of comment before in our appeals, however it's very important to note that the assessment starts when people leave the house in many respects, how they get there, where they parked, and now it seems to include what they do in the waiting area.

Remember that PIP descriptors are very tight in some respects and it's what you cant do for the majority of the time that matters. Holding a magazine then claiming you cannot get food into your mouth most times will be seen to be a direct contradiction of this and assumptions will often be made.

PiP is nothing like DLA in many respects and people need to read the rules and what the descriptors mean before filling in the forms.

Michelle Cardno (Llb hons).

Last edited by RichardCoulter; 09-10-2016 at 17:18. Reason: Spelling.
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