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ESA awarded but not placed in any group
- Maureen
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9 years 2 months ago #129974 by Maureen
ESA awarded but not placed in any group was created by Maureen
Hi
I've been claiming ESA since Aug 2013 and attended the WCA in Nov 2014 whereby I received zero points and my claim was subsequently cancelled.
Following an arduous battle with the DWP, the Mandatory Reconsideration Notice states the original decision was revised and ruled in my favour "as an accurate assessment of your medical conditions cannot be made due to missing/lost evidence" (ESA50 and ESA113).
The MR Notice mentioned I would receive a separate letter with details of the revised award but to date, this has not been received. When I queried the whereabouts of the illusive letter, the DWP informed me that I have not been placed into any group, the notes relating to my claim are confusing and I need to be reassessed. I asked for this information to be sent to me in writing but again, it's not forthcoming. Should I continue to pursue this?
I've been claiming ESA since Aug 2013 and attended the WCA in Nov 2014 whereby I received zero points and my claim was subsequently cancelled.
Following an arduous battle with the DWP, the Mandatory Reconsideration Notice states the original decision was revised and ruled in my favour "as an accurate assessment of your medical conditions cannot be made due to missing/lost evidence" (ESA50 and ESA113).
The MR Notice mentioned I would receive a separate letter with details of the revised award but to date, this has not been received. When I queried the whereabouts of the illusive letter, the DWP informed me that I have not been placed into any group, the notes relating to my claim are confusing and I need to be reassessed. I asked for this information to be sent to me in writing but again, it's not forthcoming. Should I continue to pursue this?
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- Gordon
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9 years 2 months ago #129979 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA awarded but not placed in any group
MG
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
You need to contact the DWP again to find out the status of your claim, if you have no luck with the Call Centre staff then ask for a manager to call you back, this can take up to 3 hours, so it may not be until the afternoon or the next working day, depending on when you call.
The most likely situation is that the Fit for Work Decision has been withdrawn and your old award re-instated until a new Decision is made , following an assessment. If your ESA50 is missing then you may be asked to complete one again, however, there is no legal requirement for this to be done, so you might want to prepare a new one now.
If you have a copy of the one you returned then you can use it, but I would recommend that you have a look at our ESA Claim guides to make sure that you have put forward the best case possible. If you need to re-write any of it then you might want to use the electronic version that you can complete on your computer. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
Using The PDF Version Of The ESA50 Questionnaire
If you have any questions, then please reply to this post and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
You need to contact the DWP again to find out the status of your claim, if you have no luck with the Call Centre staff then ask for a manager to call you back, this can take up to 3 hours, so it may not be until the afternoon or the next working day, depending on when you call.
The most likely situation is that the Fit for Work Decision has been withdrawn and your old award re-instated until a new Decision is made , following an assessment. If your ESA50 is missing then you may be asked to complete one again, however, there is no legal requirement for this to be done, so you might want to prepare a new one now.
If you have a copy of the one you returned then you can use it, but I would recommend that you have a look at our ESA Claim guides to make sure that you have put forward the best case possible. If you need to re-write any of it then you might want to use the electronic version that you can complete on your computer. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
Using The PDF Version Of The ESA50 Questionnaire
If you have any questions, then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Maureen
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- Maureen
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7 years 7 months ago #168215 by Maureen
Replied by Maureen on topic ESA awarded but not placed in any group
Hi Gordon - Update on previous post
I wrote letters to DWP (re: status) but received no response. Their Call Centre reiterated that I needed to be reassessed. This finally occurred in June 2016, whereby I was again found fit for work and the subsequent MR Decision remains unchanged.
Is it normal practice for the Assessment Phase to last 3 years?
I wrote letters to DWP (re: status) but received no response. Their Call Centre reiterated that I needed to be reassessed. This finally occurred in June 2016, whereby I was again found fit for work and the subsequent MR Decision remains unchanged.
Is it normal practice for the Assessment Phase to last 3 years?
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- Gordon
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7 years 7 months ago #168232 by Gordon
We did have a period where the DWP overloaded the system by putting too many claimant through for assessment and a result assessment time went up to more than a year and even longer and it sounds like your claim was caught up in this.
What are you going to do now that you have been found Fit for Work?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA awarded but not placed in any group
Rosie4 wrote: Hi Gordon - Update on previous post
I wrote letters to DWP (re: status) but received no response. Their Call Centre reiterated that I needed to be reassessed. This finally occurred in June 2016, whereby I was again found fit for work and the subsequent MR Decision remains unchanged.
Is it normal practice for the Assessment Phase to last 3 years?
We did have a period where the DWP overloaded the system by putting too many claimant through for assessment and a result assessment time went up to more than a year and even longer and it sounds like your claim was caught up in this.
What are you going to do now that you have been found Fit for Work?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Maureen
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- Maureen
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7 years 7 months ago #168247 by Maureen
Replied by Maureen on topic ESA awarded but not placed in any group
Thanks for your speedy response. I'm unsure of my next move but am considering an appeal.
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7 years 7 months ago #168259 by slugsta
You will have to undergo a 'Mandatory Reconsideration' before you can appeal. This is explained in the ESA guide
ESA claims and appeals
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA awarded but not placed in any group
Rosie4 wrote: Thanks for your speedy response. I'm unsure of my next move but am considering an appeal.
You will have to undergo a 'Mandatory Reconsideration' before you can appeal. This is explained in the ESA guide
ESA claims and appeals
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Maureen
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