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ESA Letter - Confused

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7 years 2 months ago #180848 by Gordon
Replied by Gordon on topic ESA Letter - Confused
babydoll

I'm afraid that the Case Law in question does not apply to ESA, the actual assessment criteria are too different for it to have any applicability.

The Christmas Bonus is classed as a separate benefit and is paid for a number of benefits as well as ESA(CB).

Gordon

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

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7 years 2 months ago #181282 by Goodlife
Replied by Goodlife on topic ESA Letter - Confused
Hello Again,
I am sorry to contact you again. I have read the members only guides on MR for ESA after 2013 date.
I am still not sure what to ask /say regarding requesting a Mandatory Reconsideration.
As my husband has not had the written statement of reasons for the decision, or the HP report I do not know what we could even be contesting.
For a Mondatory Reconsideration do I just write a letter and state that he wants them to do this? Do you need to have had the written statement of reasons and argue against things on that?
I need to write a letter this week in order to comply with timescales. Our MP has contacted DWP on my husband's behalf but she says that DWP has said they will tell her later this week when they expect to send out my husband the written statement of reasons. This will clearly not allow time to get it and still ask for a MR.
Very anxious myself to include what is needed in a letter so as not to prejudice hubby's claim etc., but just don't know how to proceed. Welfare Rights too busy to help.
Thanks for listening, any comments welcome.

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7 years 2 months ago #181346 by Gordon
Replied by Gordon on topic ESA Letter - Confused
babydoll

All you need to say is that you believe that he submitted sufficient information and evidence in and with his ESA50 to show that he meets the criteria for X Support Group Descriptor, where "X" is a list of all the SG Descriptors that you believe this to be the case for.

Gordon

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

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7 years 2 months ago #181384 by Goodlife
Replied by Goodlife on topic ESA Letter - Confused
Cheers. What would we do without benefits and work website?

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