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Worrying news for ESA claimants converting from DLA to PIP.
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Old 04-08-2017, 15:59   #496
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Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:
Originally Posted by denphone View Post
Yep it cuts both ways Taf but alas the one eyed man only conveniently mentions the part that suits them..
One eyed, he should put in a claim...
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Old 04-08-2017, 16:27   #497
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Re: Worrying news for ESA claimants converting from DLA to PIP.

DBC recommendation 14 – Audio recording should be available for all assessments and the DWP should evaluate what impact it has on the quality and accuracy of assessments.

DBC recommendation 15 – All claimants should be provided with a copy of the assessor’s report as soon as possible after their assessment and have the opportunity to flag up anything in the report that they believe to be inaccurate

https://www.gov.uk/government/upload...p-response.pdf

But.....

The Department has asked Personal Independence Payment (PIP) assessment providers not to offer audio recording of consultations or to provide recording equipment at present. We have not seen any evidence from other disability assessments that audio recording face-to-face consultations would improve the quality of assessments and there was only limited evidence of improvement in the customer experience for some individuals.

The Department is currently evaluating the costs and benefits of the approach to audio recording of Work Capability Assessments. If there is evidence in support of a more proactive approach to audio recording DWP will review the arrangements for PIP.

As a result, we have asked Capita not to offer audio recording at this stage.

We communicated this message in our response to the Disability Benefits Consortium’s briefing on the provider pledges.

You can find this on the GOV.UK website at http://www.gov.uk/government/uploads...p-response.pdf NO YOU CAN'T AS IT HAS BEEN DELETED!

Last edited by Taf; 04-08-2017 at 16:56.
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Old 04-08-2017, 20:58   #498
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Re: Worrying news for ESA claimants converting from DLA to PIP.

http://www.mirror.co.uk/news/politic...legal-10931703
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Old 04-08-2017, 21:38   #499
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Re: Worrying news for ESA claimants converting from DLA to PIP.

Reconsiderations AND the 1 month limit were around LONG BEFORE 2013.

Quote:
It is DECLARED that on the proper construction of section 12 of the
Social Security Act 1998 and the Social Security and Child Support
(Decisions and Appeals) Regulations 1999 (the 1999 Regulations)
that a claimant, from whom the Secretary of State receives a
revision application under Regulation 3ZA(2) of the 1999
Regulations,
and to whom the Secretary of State responds by
stating that the application is late and does not meet the criteria
for extending time under the 1999 Regulations, has a statutory
right of appeal to the First-tier Tribunal against the decision of
which revision had been sought.
And even before then a MR stage was used.
Quote:
In the 1990s earlier legislation (since repealed by the 1998 Act) required claimants to seek a review before being able to appeal a decision relating to attendance allowance (AA), disability living allowance (DLA) and the now-abolished disability working allowance (DWA).
Before 2013 you had the option of asking for a reconsideration and if that failed going to appeal or going straight for appeal. As a successful reconsideration(and they did happen) could take place a lot quicker than waiting several months for a Tribunal hearing, asking for a reconsideration followed by appeal(if necessary) was always the better option of the two. Even then there were one month time limits for those steps.

The question here seems to be who takes the very final decision for a late application, the DWP or a tribunal. Either way the DWP gets first say and might allow a late reconsideration or appeal.

So if you wait 10 months, you still have the wait for the initial DWP decision and then the wait for the tribunal hearing. All that time with no money coming in, whatever way you look at it.
Quote:
(5 months late in CJ’s case and 10 months late in SG’s case).
Quote:
So, by the time of the substantive Upper Tribunal hearing, both claimants had been awarded ESA – in both cases the Secretary of State had agreed to reconsider the MR request,
Quote:
At the case management hearing on 27 January 2017, the Secretary of State, through counsel, acknowledged that the underlying issues in the appeal and the judicial review were important and of wide application and asserted that the Secretary of State was keen to have them resolved.
The Government supported the idea that there should be a ruling one way or another.
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Old 05-08-2017, 06:18   #500
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Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:
Originally Posted by TheDaddy View Post
One eyed, he should put in a claim...
Perhaps TD when he walks a mile in someone else's shoes he might grasp a better understanding of how things really are instead of demonising every benefit claimant out there as yes there are cheats and they are a small minority and the state should come down hard on them but trying to blacken every other benefit claimant is nothing more then reprehensible and insulting.
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Old 05-08-2017, 08:25   #501
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Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:
Originally Posted by denphone View Post
Perhaps TD when he walks a mile in someone else's shoes he might grasp a better understanding of how things really are instead of demonising every benefit claimant out there as yes there are cheats and they are a small minority and the state should come down hard on them but trying to blacken every other benefit claimant is nothing more then reprehensible and insulting.
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Old 05-08-2017, 10:55   #502
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Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:
Originally Posted by nomadking View Post
... asking for a reconsideration followed by appeal(if necessary) was always the better option of the two. Even then there were one month time limits for those steps.
You cannot request a tribunal without first having a mandatory reconsideration result, as tribunals demand the paperwork you get from a MR. And again, it has to be requested within 28 days of the date on the MR letter (which in many cases is taking up to a week to arrive in the post). So only 21 days left to gather the info, write the MR request letter and get it to the DWP.
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Old 05-08-2017, 11:48   #503
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Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:
Originally Posted by Taf View Post
You cannot request a tribunal without first having a mandatory reconsideration result, as tribunals demand the paperwork you get from a MR. And again, it has to be requested within 28 days of the date on the MR letter (which in many cases is taking up to a week to arrive in the post). So only 21 days left to gather the info, write the MR request letter and get it to the DWP.
A MR wasn't required between 1998 and April 2013. But requesting an optional reconsideration was allowed, prior to going to appeal. At that time possibly getting matters resolved in a couple of weeks is obviously better than waiting several months for the tribunal hearing to take place.

A key question about this ruling will be. do you get the assessment rate of ESA while waiting for the Tribunal hearing if you are appealing against late MR requests? If not, then it's much better to take the MR route. If you do get the assessment rate for late requests, then it's still better to make an in-time request as explained before.

Late requests have always and still will be, initially considered by the DWP. The question was, "what if the DWP says no". Was the next step appeal to the First Tier Tribunal or was it Judicial Review.

My quotes were from the actual 48 page ruling.
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Old 05-08-2017, 12:18   #504
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Re: Worrying news for ESA claimants converting from DLA to PIP.

With the DLA to PIP transition, if they decide you should get the lower rate, the higher rate, or nothing at all at first decision, your benefit is reduced, increased or stopped from the date of the first decision.

It can be raised, started or even stopped after an MR, back to the original decision date.

Ditto after a tribunal.

Tribunals are taking around 6 to 9 months to get to a case, so, for example, if they decide you should have Enhanced Mobility Payments it often means you have been without a Motability vehicle for all that time. Or have had no income for the same period.
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Old 05-08-2017, 12:40   #505
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Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:
Originally Posted by Taf View Post
With the DLA to PIP transition, if they decide you should get the lower rate, the higher rate, or nothing at all at first decision, your benefit is reduced, increased or stopped from the date of the first decision.

It can be raised, started or even stopped after an MR, back to the original decision date.

Ditto after a tribunal.

Tribunals are taking around 6 to 9 months to get to a case, so, for example, if they decide you should have Enhanced Mobility Payments it often means you have been without a Motability vehicle for all that time. Or have had no income for the same period.
Same with DLA to DLA, nothing has changed. You didn't continue to get your old rate until after a tribunal.
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Old 07-08-2017, 08:50   #506
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Re: Worrying news for ESA claimants converting from DLA to PIP.

I got my paperwork mixed up it's an esa50 form for ESA. I'm currently in the support group so I hope it stays that way.
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Old 07-08-2017, 09:06   #507
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Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:
Originally Posted by dilli-theclaw View Post
I got my paperwork mixed up it's an esa50 form for ESA. I'm currently in the support group so I hope it stays that way.
My fingers are crossed dilli.
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Old 07-08-2017, 12:24   #508
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Re: Worrying news for ESA claimants converting from DLA to PIP.

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Originally Posted by denphone View Post
My fingers are crossed dilli.
ditto although I'm sure you will be fine dilli.
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Old 12-08-2017, 19:41   #509
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Re: Worrying news for ESA claimants converting from DLA to PIP.

Pilots (which this Government tends to ignore the results of and go ahead anyway) are to take place to get those with learning difficulties, autism etc into work:

https://speyejoe2.wordpress.com/2017...-tories-icymi/

---------- Post added at 18:41 ---------- Previous post was at 18:25 ----------

After refusing a FOI request, the Government now admits that some disabled students will have their ESA/Universal Credit cut off:

http://blacktrianglecampaign.org/201...ersity-access/
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