Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.

Professional Members

We support both claimants and professionals.  These are just some of the organisations who have subscribed to Benefits and Work:

  • Royal College of Nursing
  • Spinal Injuries Association
  • Chesterfield Law Centre
  • Coventry Mind
  • Birmingham Citizens Advice Bureau
  • Colchester Borough Council Welfare Rights

Read more

Welcome, Guest
Username: Password:
Remember me. Note: ticking this may affect members file download ability.
Members

TOPIC: Help please

Help please 1 month 12 hours ago #173255

Hi all, so I put in my request for a mandatory reconsideration on my ESA, I posted loads of new info and sent it recorded delivery on 21st oct. Today I phoned them to chase it, they say they havent received it even though i checked the royal mail tracker and it says they received it on 24th oct, and I have a picture of the signature!!

Then she tells me, i cannot get ESA now because iv just signed up to JSA! I was forced onto JSA as I had no income... She then tells me I will have to re apply for the mandatory reconsideration over the phone with her tomorrow!!

I dont think this is fair as iv already sent them everything,and im more concerned where all my sensitive private information has gone.. Im so confussed,I just dont know what to do.

I havent had a JSA payment yet as its still being processed, can anyone help me, this is all becoming too much

many thanks
The administrator has disabled public write access.

Help please 1 month 11 hours ago #173259

  • Gordon
  • OFFLINE
  • Forum Moderator
Pixie

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

If you have been found Fit for Work then the only benefit that you can claim at this time is JSA.

If you have confirmation that you MR letter arrived then you should ask the DWP to investigate where it has gone, you might want to mention that if the information is not found then you will have no choice but to make a formal complaint to the Information Commissioner.

I hope you did not send originals in your letter, as it is likely that you will need to re-send the information.

To receive an award you need to show that you meet the criteria for one so it is worth your going though our ESA Claim guides to make sure that you understand the Descriptors against which you are being assessed. See

www.benefitsandwork.co.uk/help-for-claimants/esa1

If you have more 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 administrator has disabled public write access.

Help please 1 month 11 hours ago #173270

Thank you Gordon for your help. So shall I still go through it with them on the telephone tomorrow then or not? She said shes going to ring me at 10 am. I couldnt possibly cover everything that was in the 'pack' i sent them. And yes i only sent photocopies in...
The administrator has disabled public write access.

Help please 1 month 11 hours ago #173274

  • Gordon
  • OFFLINE
  • Forum Moderator
Pixie wrote:
Thank you Gordon for your help. So shall I still go through it with them on the telephone tomorrow then or not? She said shes going to ring me at 10 am. I couldnt possibly cover everything that was in the 'pack' i sent them. And yes i only sent photocopies in...

Speaking to the DWP directly gives you an opportunity to present your case in more detail and to address the issues that stopped you receiving an award, there's no damage to your claim that you can do by speaking to them. if nothing else it may give you more insight as to why they refused your claim.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.
The following user(s) said Thank You: littlenell11

Help please 1 week 3 days ago #175113

Hi Gordon,

I finally went onto JSA and the DWP lost my paperwork for my MR even though I sent it recorded delivery and had a picture of the signature...so I then emailed the evidence through. I have just received the mandatory reconsideration letter and they have NOT changed their minds on the decision.

I have got the SSCS1 form and am filling that into today. I have found the members guide on appeals but cant find the one that helps with the descriptors as I want to go through every one and send it in with my form. I feel that the letters from the consultant didnt help because my consultant even put im unable to work and my daily tasks were very difficult for me, but they seem to ignore this. And now doctors are not obliged to write support letters but i am still going to make an appointment.

Can you please advise whether to just get the appeal form in, or gather yet more evidence right away, or do that after iv sent the form

Many thanks
The administrator has disabled public write access.

Help please 1 week 3 days ago #175137

Hi Pixie,

I am sorry - but not surprised - that the MR did not change the decision in your favour. It is unusual for the MR to do anything other than 'rubber stamp' the original decision.

The important thing initially is to get the appeal submitted in time. You do not need to go into a great deal of detail at this stage.

Once DWP have been notified of your appeal (the Tribunal Service do this) they will send in their submission arguing their case. You will be sent a copy of this and we suggest that you do not complete your own submission until you have seen this. However, it is a good idea to start formulating your argument and collecting any extra evidence as soon as yo are able.

The ESA descriptors are here

Qualifying for the WRAG


Qualifying for the Support Group

We suggest that you show these to your GP, with the points removed, and allow him/her to comment as they see fit.

As an aside, once the DWP have been informed that your appeal has been accepted, you will be able to reclaim ESA basic payments (as long as this does not take you over 375 days of payment if you are entitled to contributory benefit only).
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 week 3 days ago by Mrs Hurtyback.
The administrator has disabled public write access.
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
Time to create page: 0.240 seconds