Can a PIP Award help with your ESA Appeal ?

I am having to appeal the decision for my ESA as I've been placed in the work activity group and believe I should have been placed in the support group. Since I have been doing some research on how to appeal, it has come to my attention that I was never sent a limited capability for work questionnaire. I have read that the questionnaire forms part of the decision making process. Should I download one and fill it in to send with my appeal letter?

Abi wrote: I am having to appeal the decision for my ESA as I've been placed in the work activity group and believe I should have been placed in the support group. Since I have been doing some research on how to appeal, it has come to my attention that I was never sent a limited capability for work questionnaire. I have read that the questionnaire forms part of the decision making process. Should I download one and fill it in to send with my appeal letter?

Hi A,

I see from your previous post, and Gordon's response, : Here, that you have already had advice on requesting a Mandatory Reconsideration (MR)/Appeal of the adverse WRAG award.

Although it is the norm for DWP/ATOS to send an ESA50 Questionnaire to an ESA claimant as an important part of The ESA WCA, it is not absolutely mandatory.

The omission of an ESA50 generally occurs where they feel that the claimant suffers with Mental Health issues which may mean that they will struggle to fill in and return The ESA50 by the deadline date given.

You could argue as part of your MR/Appeal that as an ESA50 was not used, the ATOS assessor and The DWP ESA Decision Maker did not have a true full picture of your limitations, especially if a face to face "medical" did not take place.

You could download the Pdf version of the ESA50 from the link on this page :

Using The PDF Version Of The ESA50 Questionnaire

filling it in, whilst referring to the guides on this page :

ESA Claims Guides

You could then submit this as part of your submission.

However, you should take into account that as you are challenging an adverse WRAG decision, the important issue would be to show that you should have been placed into The Support Group at that time, rather than the WRAG.

Therefore, any change or deterioration in your health conditions and resulting limitations since the time of the adverse WRAG award will not be taken into account in an MR or subsequent Appeal.

bro58

I was just wondering if my PIP award could help with my ESA appeal?

Ive been placed in the work activity related group for ESA and believe I should have been placed in the support group. I had my assessment for PIP a few months before my ESA face to face assessment. I was awarded enhanced rates for both daily care & mobility.
My ESA report was nearly the opposite of what the PIP report was saying. I have mention in another post that I was never asked to fill out the work capability questionnaire, which i was advise I could send with my appeal letter. The ESA report was very inaccurate, things I said were not noted down, the time stated for how long the interview lasted was incorrect (it stated it was 30mins longer then it was),I was in discomfort sat in the chair (She could see that I was, that's why should kept telling me we wont be long! But she stated that I sat fine in the chair for 80mins), things I did said were exaggerated, (e.g I said on a good day I can drive into town, she report I said I go into town a few times every week), She told me that she would recommend I was put into the support group ( There was no mention of this in the report), questions on the report were mark 'do not apply',(but I was never asked about those!) I was asked to reach my knees while standing which I couldn't do (but she said I could do it in the report). The interviewer did not want to know what I couldn't do, she said I just want to know what you can do on a good day. But my condition is variable. I have more bad days than good. I also felt she put words in my mouth when I was having trouble coming up with an answer as she was getting ratty. I suffer from brain fog and its hard for me to focus. My mother did come with me and witness it all.

Hi A,

I have merged today's post with your previous topic for continuity.

It would help if you could post any future related posts to this topic as the Mods can then see your "history"

You could Favourite/Bookmark this page in your browser so that you can return to it easily.

We are aware that ESA Medical Reports are being used as an aid to making PIP decisions and vice-versa.

Therefore, there is no reason why you could not use a positive PIP medical report as evidence in your submission for your ESA Appeal.

You could highlight any extracts that you feel strengthen your case for being placed into The SG.

Remember, to qualify for The SG, you must either fulfill at least one of : The Functional SG (LCWRA)Schedule 3 Descriptors

Or, if you cannot qualify under any one of The Functional Descriptors above, entry can be gained via : ESA Reg 35 for entry to The SG (LCWRA)

It would help with your submission if you could identify which of the SG Descriptors you feel that you qualify under. (You can identify more than one, even though you only need to qualify under one)

bro58

Thank you for your reply.
Any advice on the inaccurate ESA report?

Abi wrote: Thank you for your reply.
Any advice on the inaccurate ESA report?

Hi A,

Even though it may help if you can discredit The ESA Med Report, this in itself will not place you into The SG.

The only way to gain entry to The SG is by way of any one of The Functional SG Descriptors, or via ESA Reg 35, as previously advised.

bro58