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If you fail the work capability assessment (and therefore to qualify for ESA) and want to challenge this you have to ask the DWP to look at the decision again. This is called a mandatory reconsideration. Only when the DWP have completed the mandatory reconsideration can you then appeal to the First Tier Tribunal. The DWP will suspend ESA payments while the mandatory reconsideration takes place. To get some money, most people have to claim jobseeker's allowance during this period.
Once the appeal is received by the Tribunal Service, you can request the DWP reinstate ESA and they should pay this until the appeal is heard. You do not have to make a new claim but the DWP will check that the appeal has been received by the Tribunal Service before paying ESA.
I'm afraid the rules are different for appeals from the First Tier Tribunal to the Upper Tier Tribunal but these were covered by my colleagues Paul and Will in their earlier posts.
This all depends on your date of birth. If you born on or before 8 April 1948 then you can remain on DLA. Contacting the DWP to increase your current DLA will not trigger a PIP claim.
If you were born after 8 April 1948 then contacting the DWP will trigger a PIP claim. They will be writing to you anyway at some point before September 2017. Most people are better off remaining on DLA for as long as possible.
In both scenarios it would be a good idea to gets some benefits advice before you do anything. Ring the Scope helpline on 0808 800 333 and they will be able to tell you what organisations in your area can help you with this.
we opted for oral as my partner cant get to the venue he was told when had his pip assessment he shouldn't be there or been dragged out the house as he was in so much pain that was the words of the assessment officer from atos!
I would like to thank everyone who has helped me and all the great advice I was given that helped me so much. I finally received my letter from DWP saying my PIP was back dated......yeah. I'm so pleased I didn't give up or give in. I hope for everyone waiting that they get the right results of their appeals
It's difficult to say without seeing all the facts of the case, but experience tells us that the DWP request SOR on far more cases than they actually apply for permission to appeal to the Upper Tribunal, and for those where they do ask for permission, not all are granted, and fewer still have the decisions changed. So the odds are in your favour.
My daughter got her tribunal this week and got the descison overturned ... the judge gave her a paper to say what she had got (lower rate on both ) he said you will get your backdated money in around 3 weeks ! He never mentioned the dwp at all ! Why is it on so many times the descison makers twist the truth ! It shouldnt be allowed x
I strongly suspect that this is what happens in many cases. Assessors offer their own interpretation of your comments, favourable towards the DWP, not you.It’s not the truth, it’s their interpretation of the truth.