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Need help Mandatory Reconsideration please.

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7 years 7 months ago #166545 by Sam
My mp ignored me. Nobody really seems to want to take on board a full story. I wish the Lady Luck.
The following user(s) said Thank You: Lynn

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7 years 7 months ago #166910 by Lynn
My original question applies, need help with madatory Reconsideration for ESA. As I already have PIP. They have received my letter for the request for madatory Reconsideration but nothing since. My sister called them last week stating I'm requesting the madatory Reconsideration and also asked for the results which they have sent me. I have 18 points. The assessor made assumptions that I dressed myself and that can wheel myself in a chair which I can't because of pain in my left arm.
I'm waiting to see the OT, District nurses, I've been elevated from primary care psychology to next level up because of self harming and thoughts of not going on. I have appointment with incontinence clinic, also waiting to hear from social services again, my therapist has called my GP a day she called me back within an hour to tell me that she spoken to him and their arranging for whoever specialist are to come to me. I have used of my sisters car and she's using that against me that I can drive and made the assumption that I can use it all the time. Everything is getting to me I'm so ,Uchida pain I can't propel myself in a wheelchair and all this is causing me a lot of anguish making me feel even worse. Will they confirm by letter that it's going to madatory Reconsideration like requested in the Letter? Any more help gratefully appreciated.

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7 years 7 months ago #166914 by Gordon
Replied by Gordon on topic Need help Mandatory Reconsideration please.
Lynn

They won't acknowledge the MR request, as it was made over the phone I would confirm it in writing, there are template letters that you can use in the ESA section.

You obviously refer to the ESA Mobility activity, are there other ones that you would hope to qualify for the Support Group with?

ESA looks at you ability to walk and to self-propel a wheelchair over similar distances. I assume you scored 6 points, this being the case the DWP are saying you can mobilise 100m-200m, can you show that you are restricted to 50m or less?

You don't have to cover the distance pain free but if the distance is limited by your pain then this should be considered, the relevant ESA term is "significant discomfort", there is no clear definition for this but it is accepted that it is less debilitating than significant pain.

Issues with using a wheelchair fall into three categories; problems with your hands, arms and shoulders that would directly affect your ability to propel a wheelchair, issues such as breathlessness or angina which would be exacerbated by you propelling a wheelchair and finally logistical issues that would prevent the use of a wheelchair, for example you had medical advice not to use one.

You ca also qualify for the SG by showing you meet the Exceptional Circumstances Regulations, this means that your being required to carry out Work Related Activity would pose a danger to you or others, have a look at the ESA Claim guides for a more detailed explanation.

Gordon

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

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7 years 7 months ago #166927 by Lynn
I did send in a letter requesting a madatory Reconsideration and they have received it by royal mail special signed for track and trace. They got it last Friday but not heard anything since.
Sorry I'm new to all this, what is SG?
Thanks

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7 years 7 months ago #166947 by Gordon
Replied by Gordon on topic Need help Mandatory Reconsideration please.

Lynn wrote: I did send in a letter requesting a madatory Reconsideration and they have received it by royal mail special signed for track and trace. They got it last Friday but not heard anything since.
Sorry I'm new to all this, what is SG?
Thanks


Support Group :)

Gordon

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

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7 years 7 months ago #167048 by Lynn
I've sent in another 2 letters requesting the Mandatory Reconsideration with phocopies of the receipt of the first one showing I know they have the first one. But still no reply from the first and my end date is the 1st September. Are they known to deny even though it's a signed for Letter? I may need to go the papers blowing them out of the water if they don't acknowledge the letter. But I feel they won't even want to know, as it's not a big enough scoop for them.

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