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ESA mandatory reconsideration advice

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7 years 6 months ago #167215 by Justmehere
Replied by Justmehere on topic ESA mandatory reconsideration advice
Hi

The mandatory reconsideration decision will be on Friday.

What they said is that the reconsideration can be reconsidered when they get my evidence if that makes sense. That is what I wanted to check here.

What is considered new evidence? I've asked the professionals for their opinion and they all saw me before my assessment.

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7 years 6 months ago #167231 by slugsta
Replied by slugsta on topic ESA mandatory reconsideration advice
Hi Jmh,

Anything DWP have not seen before will count as 'new evidence'.

In our experience, it is unusual for a second reconsideration to be carried out once one has been done.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 6 months ago #167234 by Gordon
Replied by Gordon on topic ESA mandatory reconsideration advice

Justmehere wrote: Hi

The mandatory reconsideration decision will be on Friday.

What they said is that the reconsideration can be reconsidered when they get my evidence if that makes sense. That is what I wanted to check here.

What is considered new evidence? I've asked the professionals for their opinion and they all saw me before my assessment.


Don't be surprised if your MR is not on Friday, I've never heard of the DWP doing one on a particular day!

It's unlikely that they will accept a second MR request when your documents are available, we have had members struggle to get one when they had send the information in within the four weeks that the DWP had allowed them, only to find that a Decision had already been made.

A Tribunal panel (and the DWP) can only look at your conditions as they were on the day you were assessed, any evidence that they believe is in regard to a period after this can and usually is excluded. Your letters will almost certainly be dated after your assessment, so you need them to specifically state that they refer to that time. If the appointments were before the assessment then they may mention this and it should not be a problem, but if they don't then it may.

Gordon

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

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7 years 5 months ago #171639 by Justmehere
Replied by Justmehere on topic ESA mandatory reconsideration advice
Hi

I have requested an appeal and got a letter from the tribunal. They said they have asked the DWP to prepare a written response to the appeal.

They said they are making arrangements for my appeal and said if I want to be at the hearing then it can be at x location.

I have already said that I want to be at the hearing. It doesn't make it clear that I am to do anything at this point. Do I just wait?

Is now the right time to ask for my ESA to be reinstated. I have the medical cert covering this period?

Thanks

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7 years 5 months ago #171696 by Gordon
Replied by Gordon on topic ESA mandatory reconsideration advice

Justmehere wrote: Hi

I have requested an appeal and got a letter from the tribunal. They said they have asked the DWP to prepare a written response to the appeal.

They said they are making arrangements for my appeal and said if I want to be at the hearing then it can be at x location.

I have already said that I want to be at the hearing. It doesn't make it clear that I am to do anything at this point. Do I just wait?

Is now the right time to ask for my ESA to be reinstated. I have the medical cert covering this period?

Thanks


I would start preparing your submission for the hearing but you should wait until you receive the DWP's evidence before sending it to ensure that you cover all of their arguments against an award. Your papers must be with the TS no later than seven days before the hearing.

Yes, you should now be able to request re-instatement of the ESA Assessment rate. Contact the office that dealt with your claim.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 2 months ago #179229 by Justmehere
Replied by Justmehere on topic ESA 0 points to 27 points on appeal
Hello

I just wanted to say a big thank you. Your advice, guides, and support were invaluable.

The guides really do spell out the DWP position, and while they are very detailed, they do give you the best chance of understanding how to get through their process. You and your doctor's might have a very strong case for why you are not fit for work, but this has to be explained in such a precise way as to satisfy their particular criteria.

The good news is that if I can do it, so can you!

My assessor was very good on the day, and the tribunal panel were very sympathetic.

I went from being awarded 0 to 27 points on appeal which means I am in the support group.

For any one in a similar position

1. Try and get some one to help you
2. Try and learn their system, because your doctor simply saying you are not fit for work will not stop their process.
3. Do appeal if you feel able to.
4. Do try to attend the hearing. It was said in my case this had a big impact on the outcome.

Lastly, I feel it should have never have come to this. I was surprised at how hard I found going through the appeal process. My thoughts are with you all as you navigate this awful system.

It may not feel like it at times, but people do care. I care, and wish all of you wonderful folks an easier ride and the best of health.

Keep the hope alive.

Best wishes

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