Lost My Esa Paperwork How to Get It Again
Automatic PIP award extensions
Information has come out in response to a parliamentary question, confirming that the DWP is and so behind with processing PIP applications that they accept an automated procedure for renewing awards which would otherwise expire before beingness processed.
Chloe Smith, Minister for Disabled People, told MPs:
"To protect PIP customers, we have developed an automated Digital solution which essentially extends the current award for cases where there is a risk that the claim will fall out of payment.
"As we see continuing high demand for PIP new claims, customers are currently waiting longer than expected to take their claim reviewed, which has led to some awards being extended more than than once."
She said that a effigy for the number of awards which had been extended repeatedly was not available.
Update January 2022 – Recording PIP assessments
A regularly recurring theme amongst Independent Living'due south correspondents is that of assessors misrepresenting what they have been told by claimants.
An obvious solution is recording the assessment – but this has been fraught with difficulty, equally official guidance was that claimants had to use a dual tape recorder, so that both parties would have identical copies. Way beyond the means of most people.
Peradventure bowing to the inevitable, the DWP now allows recording on a mobile phone.
New guidance issued to health professionals
Of form, the burden could exist removed from claimants if they were confident that the assessor would record their encounter, and not misplace the recording afterwards.
I of the companies subcontracted past DWP to carry out assessments (IAS) started making audio recordings in September 2020 only the other, Capita, dragged its heels. And then claimants could non be sure that there would be a recording available, either for use at any time to come tribunal or merely for their records.
The new guidance says that providers have the facility to audio record telephone and face up to face consultations, and that this should remove or reduce the demand for claimants to record consultations.
Claimant recordings are entirely lawful
So – you can ask in advance for your assessment to exist recorded, and it should be washed.
If you want to brand your own recording on your phone, just in example, it is completely lawful for you to do then – for your own information, to share with an advisor or use as part of an appeal.
In either case, yous will be asked to requite your agreement not utilize the sound recording for any unlawful purposes, by signing a consent course if information technology is a face-to-face assessment, or giving verbal agreement over the phone.
You lot can download the government guidance to professionals here (external link will open in a new browser tab or window)
September 2020 – Where are the PIP renewal forms?
We have been hearing from people who are concerned that they are reaching the end of their PIP Award, and haven't been contacted past the DWP.
We are not alone. Advice forum Benefits and Work is also experiencing the same thing. (link to their website will open up in a new browser window)
If you get to the end of your award menses without reapplying, the benefit will stop, unless the DWP applies another pandemic-related extension. Which you really can't count on.
Reviews suspended during lockdown
At the height of the pandemic locked down, benefit reviews and reassessments were suspended. But work has been resuming on these since July.
Unremarkably, when you lot get towards the end of a PIP honor, you would await to receive a review form. Without a fresh award, payments stop – so information technology is of import to renew your application in a timely way.
To avoid the gamble of beingness left without PIP payments, it is a practiced thought to phone the DWP and find out what is happening. Some people find that their award has been extended, without them being advised. For others, they discover that without their proactive approach, they would take been left without whatever PIP.
The phone number to inquire about a current award is 0800 121 4433; or textphone – 0800 121 4493.
"Careless cruelty" from DWP
In a bizarre twist, information technology too seems that the DWP has been sending letters to people who were previously told that their laurels had been extended, telling them it was going to stop equally they hadn't completed a review form.
An investigation by the Disability News Service found that an unknown number of disability do good recipients had received messages stating that their benefits had been stopped, and that they might need to pay back money they had already received, and even return their Motability vehicle.
This was later on they had been advised in March that there was no need to reapply, as their laurels had been automatically extended considering of the pandemic.
You can read the full story on the DNS website (external link volition open in a new browser window).
COVID-19 Update – April 2020
Obviously, the crisis situation is having a big touch on on Benefit claims and appeals.
Yous tin read updates on short-term changes to individual benefits in our Benefits section
As PIP assessments are at present carried out over the telephone rather than face-to-face, information technology is worth confirming hither that claimants have the correct to be supported by a friend, partner or family fellow member during the process.
Justin Tomlinson, Minister for disabled people, on 23 April, 2020:
"If y'all are having a telephone assessment, nosotros are allowing your friend, family, trusted partner to be part of that process which is something we introduced a few years ago for face-to-face assessments which has fabricated a huge departure to the quality of the event of the assessments."
You tin read data hither about how HMCTS has moved to audio and video hearings in 85% of cases, including what you should await and how to ready.
January 2020: Latest figures on PIP & ESA claims
The DWP has released their latest statistics virtually benefit claims. A mixed bag, but there are some standout figures which are difficult to explicate, most notably the fact that fewer than one third of new PIP claims are successful.
This is a continuing trend, which has seen monthly declines in the percent of successful claims, from 42% when the award was first introduced.
Transferring from DLA to PIP is also an unhappy experience for many. A quarter of people lose their benefit completely, with some other 22% having the amount they receive reduced.
On the other hand, near two-fifths of claimants meet their benefit increased when they make the transition.
Awards are also frequently short
It was e'er clear that the DLA indefinite award would exist consigned to the past – something which has caused considerable upset to many people with long-term conditions, who are never going to get amend, but still have to undergo regular reassessments.
Nearly three-quarters of new PIP claims last for only 2 years, and if yous are very unfortunate, you may take to go through the whole procedure once more later on ix months. The government has said that they volition increase this to eighteen months as a minimum award menstruum.
People with mental health conditions generally get the shortest awards, and are more likely to have their benefits reduced or stopped altogether.
Mixed picture on ESA claims
About two-thirds of new ESA claimants were placed in the back up grouping, an increment of 5% on the previous quarter. 17% were placed in the work-related activeness group (WRAG), which was downward 4% on the previous quarter.
Just over a quarter were found fit for work, equally in the previous period.
For repeat ESA assessments:
80% were placed in the support grouping
13% were place in the WRAG
half-dozen% were found fit for work.
PIP and ESA appeal success highest ever
The Tribunals Service statistics prove that claimants are winning PIP and ESA appeals at the highest rate always recorded.
Overall, an extraordinary 73% of social security appeals are successful, with the claimant getting a better award than they originally received from the DWP.
Success rates for individual benefits:
• Employment and Support Allowance (ESA) 77%
• Personal Independence Payment (PIP) 76%
• Disabled Living Allowance (DLA) 69%
• Universal Credit (UC) 61%
However, many claims that are initially unsuccessful but don't make information technology to appeal. The number of social security appeals has dropped past 22%, compared to the same quarter a year agone.
The steepest decline has been in ESA appeals, down by more than than half, which is explained in part by the replacement of some ESA awards with UC.
PIP entreatment numbers have also fallen, by 15%.
For yous to estimate whether this is as the DWP claims due to the correct decision existence made get-go time, or people being and then ground down by the long fatigued out and circuitous procedure that they tin't face standing.
Online Claims Appeals: Update
HM Courts and Tribunals Service (HMCTS) has been trialling the utilise of online appeals, with high levels of user satisfaction and a considerable reduction in the number of appeals rejected because of errors in paperwork on the part of the appellant.
Subsequently this calendar month, people who don't entreatment online will get a new paper appeals course, SSCS1PE, to use instead of the current SSCS1.
The layout of the new form matches the sequence of screens used in the online course, which volition permit appeal forms to exist majority scanned and digitised by the Tribunals Service.
Current forms will even so be accepted, but will take longer to process.
A new 'Manage Your Appeal' service is too due to go live soon. This will enable people to submit and rails their entreatment online, and likewise do things like submitting further evidence and withdrawing an appeal, which tin currently only exist done on paper.
Concerns from inability rights organisations
Some organisations that work with disabled people are concerned that the move to online appeals is primarily about saving money, and some claimants will observe it difficult to cope with the organization.
The tribunal panel will not exist able to enquire questions in the way that they would at an oral hearing: the appellant answers questions past typing directly into boxes on the online form. Statistics evidence that success rates for appeals are much college where a claimant has had the opportunity to meet the tribunal contiguous, and explain their circumstances straight.
Disabled people's organisations fearfulness that the chances of winning a benefit claim at entreatment will turn down, and that past making people become through an online appeal offset, before they tin can move to request an oral hearing, the whole ordeal will be more drawn out and stressful than before.
The online tribunal service is part of HMCTS'southward £i billion programme of reform, which aims to bring new technology and modern ways of working to the justice organization.
Benefit appeals – how long to wait?
The Section for Work and Pensions released figures in September about applications for the disability do good Personal Independence Payment (PIP).
The average time taken in July 2019 to get through the process of Mandatory Reconsideration – which is required before yous tin take your case to appeal at the tribunal – has more than doubled in a year, to 69 days.
The average await for an appeal determination, for people transferring to PIP from Inability Living Allowance, exceeded 35 weeks inside a year.
Written question from Caroline Lucas MP
Before Parliament was prorogued, Green MP Caroline Lucas raised the issue of average PIP entreatment waiting times every bit a written Commons question.
This was answered by Edward Argar, in his previous capacity equally justice government minister. He is at present a wellness minister. He confirmed the 35-week look, maxim that the data was based on the fourth dimension from receipt in HM Courts and Tribunals Service to the last decision made within the input catamenia.
Waiting times are calculated from receipt of an appeal to its terminal disposal.
Of course, every bit anyone who has been through the procedure knows, an appeal is not necessarily tending of at its beginning hearing. It may accept been decided at an earlier date past the First-tier Tribunal, only for the case to accept gone on to the Upper Tribunal, to exist returned once over again to the Commencement-tier, for its final disposal.
The response too confirmed that the related data for Apr 2018 – March 2019 includes cases cleared both with and without a Tribunal ruling.
Stats to March this twelvemonth indicate that, since Personal Independence Payment was introduced, 4.1 million decisions have been made; and of these, 10% take been appealed and 5% take been overturned at Tribunals.
An appeal may be captured in the data more than than one time as a clearance, if the original conclusion is overturned, set up bated, or made subject to an Upper Tribunal re-hearing.
Mandatory Reconsideration – Big drop in tribunal hearings
There has been a significant driblet in the number of do good appeals heard by the Tribunals Service since the introduction of Mandatory Reconsideration.
The DWP may say that this is because they are getting more decisions right outset fourth dimension, and MR is working as intended; many advisers believe information technology is rather that the system is so complicated that claimants simply surrender.
Certainly, benefits which are not subject to MR – notably housing benefit – has not seen the same sort of dramatic falloff in the number of appeals.
Article ends – click to render to pinnacle or bank check out related resource below
Farther reading and resources
If yous need to entreatment a PIP conclusion, in that location is a useful guide produced past legal charity, Advicenow, which you tin can download from their website (it will open in a new browser window)
Northern Republic of ireland Ombudsman describes systemic maladministration in the PIP assessment procedure
DWP defendant of cold calling benefit claimants awaiting appeal, offering quick settlement, but at a lower rate than they would get at a successful appeal
One benefit claimant has received back payments of £25,000 with back up from his housing association
Access to Piece of work guidelines have been changed, meaning that disabled people oft accept to brand increased contributions to the price of essential equipment to enable them to obtain employment, or agree onto the job they already have.
The DWP has made it clear that eligibility for PIP volition be regularly reviewed to ensure that it is 'financially sustainable' in the future.
You can read more about Mandatory Reconsideration – the compulsory commencement stage highly-seasoned a benefits conclusion, here
return to tiptop
Source: https://www.independentliving.co.uk/advice/pip-esa-claims/
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