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Thread: Advice needed please.

  1. #11
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    Quote Originally Posted by nukecad View Post
    I don't know just what's going on at CAB these days, they seem to be acting pretty strangely at times?
    (Maybe he's simply been told they don't have the time or money and to make some excuse? but see the possible outcomes below)

    There is no reason why you shouldn't say that you don't think that you should have qualified for Mobility.

    That's your opinion, many people think they wouldn't/shouldn't qualify for something when in fact they do.

    (An example of that was the cajoling we had to do on here to get some to go through with the IR-ESA cockup review - quite a few who thought they didn't qualify and weren't going to bother ended up with over £10,000 in backpay apiece; once we'd persuaded them to do it).

    The tribunal will be looking at it and deciding for themselves, no matter what you or the DWP think.

    As you know there is always a chance of losing the lot, but it's slim and you usually get a warning if it might happen.

    I doubt the tribunal will take note of him dropping out, unless maybe he was listed as going to court with you?
    Many people get advice but still go to court on their own.
    (And TBH they've probably also noticed CAB being strange these days).

    What you need to concentrate on is where you think you should have got the extra 2 points needed for Enhanced Daily Living.
    ie. Where did the previous tribunal find/award the points that gave you Enhanced DL? What descriptor was it for?
    You need to convince this tribunal that you should still have those points for that descriptor.

    I'm sure that you have worked out the possible outcomes, but to clarify just what you are arguing for:

    £ 83.70 Std DL + Std Mob - The award that you currently have from the DWP.
    £ 86.90 En DL only - The award that you think you should have.

    £113.30 En DL + Std Mob - If the tribunal thinks so.
    £ 60.00 Std DL only - If the tribunal doesn't increase DL and takes away Std Mob. (They would have to knock 3 points off your current 10 for Mobility).

    £122.55 En DL + En Mob - If the tribunal has a brainstorm and gives you the lot.
    £ 0.00 No PIP - If the tribunal has a brainstorm and takes everything away. (They would have to knock 3 points each off your current 10 for each)

    So if you get what you think you should have, Enhanced DL and no Mobility, then you are arguing for a £3.20/week increase.

    You could get more, but you could also end up with less, and I'm guessing that the CAB guy sees that as too big a risk for just £3.20/week.

    Personally I think you'll probably either get the same as now, or Enhanced DL with Std Mobility.
    However any of the other options are possible, but they should give you that warning if they are thinking of reducing what you currently have, so you can withdraw and walk away.
    Your reply has emboldened me to fight on and not cancel the Tribunal,nuke.I cannot thank you enough.

    It's worth bearing in mind right now that i am also currently receiving ESA with SDP....Am i right in believing that i will receive EDP also if i am granted the Higher Daily Living Rate...hence i will be about 20 quid a week or so better off all round?..To be honest i would be happy with Enhanced Daily Living and ZERO Mobility,if i am right about the ESA/SDP/EDP situation (i am not on Universal Credit yet).

    Cheers.
    Last edited by jw68; 18-07-21 at 11:24.

  2. #12
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    PS Nuke,i have always received EDP in the past,due to my circumstances.

    Cheers.

  3. #13
    Senior Member nukecad's Avatar
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    If you are entitled to Income Related ESA then EDP is always paid in Support Group. It doesn't depend on having PIP.

    If you are in IR WRAG then it's different and you only get EDP if you also qualify for SDP - by having DLA care middle or higher rate / PIP DL any rate.

    Any rate of PIP daily living qualifies, whether it's Standard or Higher DL makes no difference.

    So whichever ESA group you are in as you currently get SDP you will currently be getting EDP as well.
    One thing to note though is that they don't call it EDP on letters; the call it the 'Disability Income Guarantee' instead. (Nobody seems to know why they call it a different name on letters, not even the DWP).

    As said above you need to concentrate on why the previous tribunal gave you extra points for Daily Living to get you onto Enhanced.
    You need to argue to the current tribunal that you should still have those points.

    Your tribunal award letter from last time should tell you what it was they gave the extra points for.
    Compare that with what the DWP gave you for that same descriptor/activity this time.

    If you are not that bothered about the mobility then you don't need to say anything about it unless asked.
    Remember though that Standard Mobility is £23.70 a week, which you don't want to lose if you don't have to.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  4. #14
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    Just for clarification...I am in the WRAG and receiving Income Related ESA,nuke.I am pretty sure that,as such,i do not qualify for EDP as i am NOT in the Higher Rate of Daily Living or Higher Rate of Mobility Band....Incidentally,i am 100% sure i should be in the Support Group,but i threw the towel in some time ago after getting tired fighting for everything..It gets tiresome as you will understand

    Thanks again.

  5. #15
    Senior Member nukecad's Avatar
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    Ah right, my brain freeze, I was thinking about what I say on the UC migration thread in that you can't have EDP only with WRAG but have to have SDP as well.

    But it can work the other way round and you can have SDP in WRAG without EDP. (I should really add another couple of lines to the chart to cover that situation).

    You are right that with PIP it does have to be Higher DL to qualify for EDP in ESA WRAG.

    Any rate of DL qualifies you for SDP.

    It's a bit of a strange anomally that a lower PIP DL award qualifies you for the higher premium on other benefits.
    (It may also go some way to explaining an anomally in the UC-SDP Transitional Element, I'll have to think about that).

    PS. PIP Mobility, at either rate, does not qualify for either disability premium.
    Last edited by nukecad; 18-07-21 at 14:33.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  6. #16
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    Quote Originally Posted by nukecad View Post
    Ah right, my brain freeze, I was thinking about what I say on the UC migration thread in that you can't have EDP only with WRAG but have to have SG as well.

    But it can work the other way round and you can have SDP in WRAG without EDP. (I should really add another couple of lines to the chart to cover that situation).

    You are right that with PIP it does have to be Higher DL to qualify for EDP in ESA WRAG.

    Any rate of DL qualifies you for SDP.

    (PIP Mobility, at any rate, does not qualify for either).
    Thanks again for clarification.

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