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Esa- support group- work interview?

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7 years 1 month ago #183067 by sam1982
Replied by sam1982 on topic Esa- support group- work interview?
Hi, i received a decision letter to move me from SG to WRAG and the letter was dated 28/1/17 and then i received another letter saying the exact same thing dated 2/2 this time.

I sent a letter to the dwp on the 14/2/17 asking for a MR but i stressed in the letter it was letting them know it was my intention and that i would follow up with further information both from myself and my doctor.

I sent all my stuff in and got it recorded and it was signed for yesterday 28/2 with the dwp.

However ive had a letter from the DWP this morning which is their MR decision dated the 26/2!

I asked them not to carry out the MR until i sent the further information in- are they allowed to do this. They have obviously now made this decision without having seen any new information or my case and of course they have kept with their decision to keep me in WRAG.

Ive called them this morning and the service rep said he will make a note and another MR will be carried out once the new information is with the decision making team- how likely is this? Have you heard of this before?
Was he just fobbing me off?

Also what is worrying is that in their MR notice they state the decision to put me in WRAG was made on the 25/1- however the first letter i received off them was the 28/1.
As all my info was received by them on the 28/2 will this now mean that they consider me outside of the 1 month deadline?

Its one month from the decision letter i receive isnt it? so if its says 28/1, its from then? (i still have all the letters)

Also how does it work with the jan/feb months as feb is short.

What would the date be for 1 month deadline from the 28/1?

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7 years 1 month ago #183068 by sam1982
Replied by sam1982 on topic Esa- support group- work interview?
Ive spilt my post into two as its probably easier to reply that way- i hope thats ok.

Also in my letter dated 14/2 when i stated my intention to request a MR i asked for a statement of reasons and my health assessment to build my case.
I received my health assessment but this was as a result of a phone call not the letter as it crossed over my request letter.

In this MR notice ive had today they have said:
'i cannot provide you with a written statement of reasons but have contacted ESA processing by email today to ask them to provide this for you.'
Are they allowed to do this- surely me formally requesting this in writing means i should have received this before they carried out any MR decision in order for me to be able to build my case?

With this letter as well, they have brought up reasons of why they are disallowing my MR- points i can argue against that i didnt put into my recent letter as i had yet to see this letter today from them.
Would i be allowed to reply to this MR letter and send it in asap (next day delivery) and for it to be considered alongside my new information that they received yesterday?

As i know normally if you challenge the MR decision this is done at the appeal stage.

thanks for any help.

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7 years 1 month ago #183107 by Gordon
Replied by Gordon on topic Esa- support group- work interview?
Cleocat

You have two options; go with the second MR or as you should now have an MR Notice, you can continue on to appeal, the decision is yours but be aware that revision rate are probably less then 10% and at appeal over 60%.

We (unfortunately) regularly hear from members that the DWP did not wait for the evidence to be sent in, it's usually possible for a second MR to be done, but make sure that your extra information is with the DWP as soon as possible and not later than four weeks from the date that your requested the original MR.

One thing to be aware of is that we have seen a couple of claimants have problems when going to appeal. You need to make a request for an appeal within one month of the date of the first MR to avoid problems, if you appeal outside the month, even if it is still within one month of the second MR it may be treated as Late, so you should explain any delay on the form.

There's no reason why you can't use information from the first MR letter in your reply to the second one.

Unfortunately, requests for a Statement of Reasons for an ESA claim are rarely honoured by the DWP, they are not required to provide a SoR if they have a reasonable belief that the claimant has already received the information in another form.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: sam1982

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7 years 1 month ago #184827 by sam1982
Replied by sam1982 on topic Esa- support group- work interview?
Hi, just an update on my situation and a few questions if your able to help.

As it stands i am still awaiting the second MR- it is a second MR as when i wrote to them requesting a MR originally i said i would be getting further info from my doctor and i asked for an MR but please not to carry it out until they received their further info.

They went ahead anyway and carried out the MR which of course upheld their decision to move me from SG to WRAG.
I called and the guy said they would carry out a second MR based on the new info.

I am mindful of the time limit to the first MR and getting an appeal in by that date even if i havent received the second MR decision.

Is there a time limit for a MR decision?
as the second one i am still waiting for the decision and it has been a while now. They said they would text once it had been transferred to the decision team- this was the beginning of March!

when i received my decision letter in Jan 17 moving me from SG to WRAG they also said payments would end the 27/6/17 due to 365 day ruling.

However when i first applied for esa i was placed into WRAG but this was changed after an MR to SG.

I wrote off recently requesting all data on myself and it arrived this morning.

From what i can make out quickly:

29/7/11- claim for esa made

12/3/12- seen by medical professional

23/3/12- decision to be placed in WRAG

i then wrote a MR and received a letter (10/5/12) changed WRAG decision to SG.

am i right in thinking any time spent in WRAG and then where the decision is changed to SG shouldnt count?

also by working out their figures:

my most recent decision letter jan 17 where they placed me in WRAG and said payments would end 27/6/17 is 153 days.
So they are saying somewhere before going onto SG i was on WRAG for 212 days. On average 31 days a month would be 7 months! Which would work out the time i spent in the esa assessment phase at the beginning of my claim!

I dont want to get my hopes up but do you think they have they got their figures wrong for the 365 day ruling?

Anytime i spent in the assessment phase, although initially classed as WRAG but because it was overturned to SG shouldnt all that time be discounted?

thanks- i know i need to write to them to confirm but i wanted to ask for some advice first.

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7 years 1 month ago #184846 by Gordon
Replied by Gordon on topic Esa- support group- work interview?
cleocat

I'm afraid there is no timescale for an MR to be completed.

Based on what you have posted the time that you originally spent in the WRAG and the Assessment phase should not be counted against the 365 days as the Decision to be placed in the WRAG was replaced by one placing you in the SG. I would contact the DWP about the letter.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: sam1982

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7 years 1 month ago #185962 by sam1982
Replied by sam1982 on topic Esa- support group- work interview?
Hi so just an update. My ESA appeal has now been put in and ive sent a letter to the dwp asking how they have worked out the end dates for ESA. Just a waiting game now.

My pip has been withdrawn as well so next job is to fight for a MR for that.It feels never ending. If i get anything sorted it will be time for another reassessment!
The following user(s) said Thank You: Gordon

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