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ESA mandatory reconsideration advice

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7 years 8 months ago #165900 by Justmehere
Replied by Justmehere on topic ESA mandatory reconsideration advice
Hello

I am trying to put together some supporting evidence. If I had an accident related to my condition but it was some time ago - how far back will they accept?

When writing to professionals I wanted to explain what the outcome of the DWP assessment means in real terms - if I say I scored 0 points it won't necessarily mean anything. In practical terms what is the DWP saying about my condition and my ability to work when I score 0 points?

Hope I have explained myself.

Thanks again.

Have a great day.

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7 years 8 months ago - 7 years 8 months ago #165936 by slugsta
Replied by slugsta on topic ESA mandatory reconsideration advice
Hi JMH,

I'm afraid your first question is difficult to answer as it rather depends on the severity of the accident. For instance, a simple trip + bruise would only be relevant if this were happening often or had been very recent. An accident resulting in multiple fractures and prolonged hospitalisation could remain relevant throughout your life.

AS far as letters of support from professionals (or anyone else for that matter) are concerned, they will hold most weight if they refer directly to the ESA descriptors. Something saying 'Justmehere is unable to do any work at all' is not of much use - the DWP stance is that they will decide that!

Any score less than 15 will result in you being found 'fit for work' unless the exceptional circumstance descriptor/s apply.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 8 months ago by slugsta.
The following user(s) said Thank You: Justmehere

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7 years 8 months ago #166268 by Justmehere
Replied by Justmehere on topic ESA mandatory reconsideration advice
Thanks for all the great advice.

I scored 0 points and don't believe I am fit for work. However, when I ask for a MR do I have to say I believe I belong in x group?

As I am not sure which group is suited to my needs.

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7 years 8 months ago #166276 by Gordon
Replied by Gordon on topic ESA mandatory reconsideration advice

Justmehere wrote: Thanks for all the great advice.

I scored 0 points and don't believe I am fit for work. However, when I ask for a MR do I have to say I believe I belong in x group?

As I am not sure which group is suited to my needs.


You will need to explain why you believe you qualify for an award. The WRAG is points based and the SG requires you to meet one or more of the associated Descriptors.

Gordon

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

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7 years 7 months ago #167199 by Justmehere
Replied by Justmehere on topic ESA mandatory reconsideration advice
Hi

My MR decision will be done this Friday. I explained to DWP that I am still waiting on evidence from 3 health professionals which won't come in time. They said if the decision goes against me (which I assume it will) they said I can appeal and this new evidence will be linked to the old.

Is this true?

What I don't want is to go straight to tribunal if I can help it.

They said they will add a note to my file to say I am wanting to submit evidence but can't guarantee this will be read.

Any advice is appreciated.

Thanks

Have a great evening

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7 years 7 months ago - 7 years 7 months ago #167200 by Gordon
Replied by Gordon on topic ESA mandatory reconsideration advice
Justmehere

Can I just query what you mean by your MR will done this Friday? Do you mean that the DWP will give you a Decision on Friday or that you are making the request for an MR on Friday. If the latter then you are leaving it very late, if the MR request is not received by the DWP within one month of the Decision date then the DWP can refuse the request with no right of appeal, it doesn't happen very often but it does happen.

Your reports should be usable as part of an appeal but it is important that they make it clear that that refer to the date of your assessment, Tribunal panels can reject evidence that it is considered to be new.

Going to appeal is your decision and you will need to make a request for a hearing to the Tribunal Service.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 7 months ago by Gordon.

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