Mobile Menu

  • Home
  • About
  • PIP
    • PIP Overview
    • PIP Claim
    • PIP Assessment
    • PIP Decision
    • PIP Reconsideration
    • PIP Appeal
    • PIP Appeal Challenge
  • ESA
    • ESA Overview
    • ESA Claim
    • ESA Assessment
    • ESA Decision
    • ESA Reconsideration
    • ESA Appeal
    • ESA Appeal Challenge
  • ITV News
  • Articles
  • Charges
  • Contact

PIP GUIDE

  • Personal Independence Payment
  • PIP Claim
  • PIP Assessment
  • PIP Decision
  • PIP Reconsideration
  • PIP Appeal
  • PIP Appeal Challenge

ESA GUIDE

  • Employment & Support Allowance
  • ESA Claim
  • ESA Assessment
  • ESA Decision
  • ESA Reconsideration
  • ESA Appeal
  • ESA Appeal Challenge
  • Menu
  • Skip to right header navigation
  • Skip to primary navigation
  • Skip to main content
  • Skip to footer

Before Header

Office: 029 2000 2425 | info@disabilityclaims.uk | @disabilityclaims

Disability Claims

Header Right

  • Home
  • About
  • PIP
    • PIP Overview
    • PIP Claim
    • PIP Assessment
    • PIP Decision
    • PIP Reconsideration
    • PIP Appeal
    • PIP Appeal Challenge
  • ESA
    • ESA Overview
    • ESA Claim
    • ESA Assessment
    • ESA Decision
    • ESA Reconsideration
    • ESA Appeal
    • ESA Appeal Challenge
  • ITV News
  • Articles
  • Charges
  • Contact
  • PIP assessment points
  • Can you study while on PIP?
  • PIP and carer’s allowance
  • PIP in a care home
  • PIP & mental health
  • PIP appeal process

PIP & ESA appeal over 29 months

I had a call from Jonathan’s dad in August 2017 and we agreed a reduced fee for two appeals, ESA and PIP. ESA had found him fit for work, scoring zero points. PIP refused benefit too with him scoring 2 for daily living and 4 for mobility; not very promising on day one. Essentially, Jonathan suffered from depression, anxiety and OCD.

I asked for the two appeals to be heard by the same tribunal, to save Jonathan from having to endure two hearings with different panels and almost certainly on different days but this was refused; the judge pointed out that the ESA appeal would be heard by a panel of two whereas the PIP panel would include a Disability Qualified Panel Member. I had seen it done before, where the DQPM sat out of the second appeal but the guidance on such arrangements had changed so they were right to say no. 

Jonathan’s dad is a very determined man and he had arranged for a psychotherapist, Jane, to help his son over quite an extended period. He brought Jane in as an ‘expert witness’ at his own expense and I took a statement from her, to be sent in with the other evidence and tribunal submissions. She was also to attend the hearings to give oral evidence and answer questions. 

Two hearings on one day

Some farsighted individual did us a kindness by listing the two hearings in Birmingham for the same day in August 2018, morning and afternoon and the ESA came up first. This went well with Jonathan’s appeal being allowed with the necessary 15 points coming from 6 points for each of three Activities, Coping with change, Getting about and Coping with social engagement. We also argued that he should be placed in the support group so that he would not need to carry out ‘work-related activity’ to receive his benefit. 

PIP & ESA appeal over 29 months - Disability Claims

There is a separate test for this, set out in Schedule 3, but our case was not that any of the 17 ways into the support group applied to Jonathan. Instead, we argued that the exceptional circumstances provision in regulation 35(2) did apply. The tribunal accepted that there would be a substantial risk to Jonathan’s mental health if he had to carry out work-related activity. They also recommended to the DWP that he should not be re-assessed within 24 months of the hearing date, which I believe to be the maximum. Job done.

Round Two

We munched sandwiches to keep our strength up in the particularly long waiting area that has a cluster of hearing rooms at each end. The PIP appeal was to be heard at the other end after lunch and we saw what we suspected was the ESA decision being taken from the first room to the second – we had been told that the PIP panel would be made aware of the morning’s decision.  Did the second panel want to rain on our parade? Were we too relaxed at the PIP hearing? Who can say but they were unmoved by our evidence and we made no progress at all in terms of points; Jonathan still had 2 points for Engaging with other people and 4 for needing to be encouraged to leave the house, as before. Disappointed did not quite cover it.

Down but not out

None of us were persuaded that we were barking up the wrong tree so we requested a statement of the tribunal’s reasons for their decision, and a copy of the record of proceedings, the judge’s note of the evidence taken at the hearing, with a view to challenging the tribunal’s decision, which can only be done on a point of law. 

I applied for permission to appeal to the Upper Tribunal on six grounds and this was considered by a judge sitting alone in January 2019. He considered that our first ground clearly showed that the PIP tribunal had applied the law incorrectly and there was no need to send the case to the Upper Tribunal. Instead, this judge set aside the decision and directed that Jonathan’s appeal be re-heard by a different panel. He said that the other five grounds may be arguable but that he did not need to decide those points as the appeal would be re-heard anyway.

Round three

After a second postponement request on our part, this time due to a witness being restricted by a broken leg, we got our second go at the PIP appeal in January 2020. We were all present and correct and this panel seemed to understand where we were coming from. Everyone on our ‘team’ stepped up and gave their evidence very well. This resulted in Jonathan scoring 12 points for daily living and 12 for mobility for a period of five years. He scored for Preparing food, Managing treatment, Washing & bathing and 4 points for Engaging with other people. The tribunal accepted that he needed to be accompanied on even a familiar journey and his arrears dated back to February 2017.

Three hearings over 29 months but we got there. A great team effort and a nice family too.

Recent Posts

  • Is it better to claim Personal Independence Payment (PIP) or Attendance Allowance (AA)?
  • Can cancer patients get PIP?
  • Can you study while on PIP?
  • PIP assessment points
  • PIP and carer’s allowance
  • Do I still get PIP in a care home?
  • PIP tips & tricks
  • What grants can I get on PIP?
  • How much is PIP?
  • Can I get a mobility car on standard rate PIP assessment?
  • Do I have to tell PIP if I start work?
  • PIP Supersession Requests
  • PIP Form Help
  • PIP mandatory reconsideration
  • PIP payments backdated
  • Challenging a PIP tribunal decision
  • How to do a PIP reconsideration
  • Enhanced PIP Benefits
  • PIP Claim – Change of Circumstances
  • What other benefits can I claim with PIP?
  • What illness qualifies for PIP?
  • PIP & ESA appeal over 29 months
  • PIP for Depression and Anxiety
  • PIP Appeal in Sutton
  • How long does it take to claim PIP?
  • Does Carers Allowance Affect PIP?
  • This PIP appeal in North London needed Pebbles help
  • PIP appeal hearing date arrives before the PIP appeal papers
  • The impact of Fibromyalgia on a PIP Claim
  • Fibromyalgia and PIP
  • Questions asked at PIP assessment
  • PIP Appeal in Cornwall
  • Section IV: The PIP appeal process and alleviating your stress levels
  • Section III: The PIP appeal process and alleviating your stress levels
  • Section II: The PIP appeal process and alleviating your stress levels
  • Section I: The PIP appeal process and alleviating your stress levels
  • PIP appeal in Cambridge
  • Can you work full-time and have a substantial PIP award?
  • What you need to know about PIP rates and components
  • PIP Appeal Tribunal Awarded Six Times The Number Of Points Awarded By The DWP
  • A Good Outcome, With The Client Receiving Exactly The Award We Wanted.
  • PIP Appeal in Central London
  • Personal Independence Payments (PIP) and Your Mental Health
  • How Many Days?
  • No Need To Score Points To Be Successful
  • Personal Independence Payments (PIP) for over 65
  • Would The Ambulance Crew Make It In Time?
  • Personal Independence Payment (PIP) Descriptors
  • Personal Independence Payment (PIP) Points
  • PIP appeal in Southampton
  • PIP appeal in East London
  • PIP appeal in Inverness
  • ESA and PIP appeals in Birmingham
  • From DLA to PIP
  • Deciding Appeals in the Absence of Claimants
  • Now that’s what I call a PIP reconsideration request..
  • Moving from DLA to PIP
  • PIP appeal in Leicester
  • 15 Points for Mobilising and Support Group Placement
PIP Articles

Is it better to claim Personal Independence Payment (PIP) or Attendance Allowance (AA)?

By DC-ADMIN | 18/02/2023
PIP Articles

Can cancer patients get PIP?

By DC-ADMIN | 15/02/2023
PIP Articles

Can you study while on PIP?

By DC-ADMIN | 18/01/2023
PIP Articles

PIP assessment points

By DC-ADMIN | 15/01/2023
PIP Articles

PIP and carer’s allowance

By DC-ADMIN | 18/12/2022
PIP Articles

Do I still get PIP in a care home?

By DC-ADMIN | 15/12/2022
PIP Articles

PIP tips & tricks

By DC-ADMIN | 18/05/2022
PIP Articles

What grants can I get on PIP?

By DC-ADMIN | 15/05/2022
PIP Articles

How much is PIP?

By DC-ADMIN | 18/04/2022
PIP Articles

Can I get a mobility car on standard rate PIP assessment?

By DC-ADMIN | 15/04/2022
Previous Post: «PIP Articles PIP for Depression and Anxiety
Next Post: What illness qualifies for PIP? PIP Articles»

Footer

Address

37 First Avenue
Trecenydd
Caerphilly
CF83 8PE

PIP Guide

  • PIP Claim
  • PIP Assessment
  • PIP Decision
  • PIP Reconsideration
  • PIP Appeal
  • PIP Appeal Challenge

ESA Guide

  • ESA Claim
  • ESA Assessment
  • ESA Decision
  • ESA Reconsideration
  • ESA Appeal
  • ESA Appeal Challenge

Get in Touch

Office: 029 2000 2425

info@disabilityclaims.uk

@disabilityclaims

@personalindependencepayment

Site Footer

  • Facebook
  • Instagram
  • LinkedIn
  • Pinterest
  • Twitter
  • YouTube
  • Home
  • About
  • PIP
  • ESA
  • ITV News
  • Articles
  • Charges
  • Contact

©2011-24 DISABILITY CLAIMS  |  Privacy  | Cookies  |  Terms  |  Accessibility  |  Sitemap  |  Disclaimer 

You agree to the use of cookies for analytics, personalised content and ads. Accept
Cookies

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT