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TOPIC: ESA Mandatory Reconsideration, Can i add info?

ESA Mandatory Reconsideration, Can i add info? 2 weeks 6 days ago #173983

So im planning to write out my mandatory reconsideration letter for ESA as i was put in the WRAG and believe i should be in the support group. I only scored 15 points but i believe i should of got around 40.

Iv noticed in the benefits and work guide on mandatory reconsideration its basically just a letter requesting they look at it again and if you attach new evidence to it, is it ok for me to literally write out about every single category and explain how i believe this was incorrect on my results? add more detail on why and explain myself a bit better?
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ESA Mandatory Reconsideration, Can i add info? 2 weeks 6 days ago #173993

Hi Mike and Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

The initial letter requesting the MR does not need to contain much detail. However, to be successful you will need, at some stage, to show how and why you meet the ESA descriptor. If you wish to do that right from the start, and have time,. then there is no reason why you shouldn't.

The descriptors against which you are being assessed are explained in our ESA guide, as is the MR process.

ESA claims and appeals

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further comments and questions relating to your ESA without starting a new topic each time. We ask members to keep everything relating to the same claim to one topic as it makes our 'job' very much easier - and I hope you will find it useful too :)
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 2 weeks 6 days ago by Mrs Hurtyback.
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The following user(s) said Thank You: mike123

ESA Mandatory Reconsideration, Can i add info? 2 weeks 6 days ago #173998

i wasnt quite sure if i could because all the sample letters are for appeals, i thought why not give loads of extra detail, explain why i believe certain sections are wrong and give more info etc in with my man reconsidation, will they read it though? like this example letter you guys have, i can do something like the example below and they will accept it, read it and it could help change the decision? sorry for being stupid lol and yup il keep it to this post only :)

"2 Introduction
3Potted history–optional
4Undisputed scores Any points awarded that you think are correct
5Each disputed activity in detail Explain in detail why you think the decision is wrong and what theright decision is for a disputed activity by using steps 5a-e below. Then repeat5a-e foreachadditionalactivityyou want to dispute.
5a Descriptor you think is incorrect. 5b What you think the correct descriptor is 5c What error the HP or DM has made 5d What evidence is in the papers to support you 5e Any further evidence you want to add including anyUpper Tribunaldecisions relevant to this activity you wish to quote.
6 Any general points about the evidence"
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ESA Mandatory Reconsideration, Can i add info? 2 weeks 6 days ago #174019

  • Gordon
  • OFFLINE
  • Forum Moderator
MIke

There's no rigid format for an MR, basically it depends on what you are trying to achieve.

If you hope to overturn the Decision at MR, then explaining why you think you should score points in detail is important.

If you see the MR as an inconvenience in the way of you getting to appeal, then minimal information is probably the way to go.

GOrdon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: mike123

ESA Mandatory Reconsideration, Can i add info? 2 weeks 6 days ago #174038

Mike123, you can provide/argue all the extra evidence/reasons you think is relevant to your ESA claim in the MR Reconsideration. However, the DM is unlikely (rarely via written correspondence)to change their original descion. It's more important that you get your MR claim registered before the "one month" deadline. Failure to meet the deadline will result in your claim being cancelled (No it doesn't. Gordon). Hence, it's more important to apply for the Mandatory Recondsideration ASAP. You can then put all your reasons/objections to the appeal panel. Note: Appeal panels are only interested in your reasons for meeting the Descriptors. Personal attacks on the DWP/HCP provider are not looked on favourably,even if you have just cause!

If you receive a DWP phone call after applying for a MR then this is usually a good sign as it means the DM is undecided (my own personal experience of a DM phone call in 2013)The phone call will give you the opportunity to provide verbally your reasons for believing you meet certain criteria etc.

My guess is the Benefits and work template (guide only)letter is a quick example of what to possibly write as every case will be different,but,the 'benefit cut off deadline' remains the same I.e. One month.That's why it's important in my opinion to make sure you get your MR notice registered before the cut of timeline.
Last Edit: 2 weeks 6 days ago by Gordon.
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ESA Mandatory Reconsideration, Can i add info? 2 weeks 6 days ago #174049

Gorden you must have experienced a different scenario/experience to myself! The DWP clearly states in all my correspondence/s etc that a One month (appeal)rule applies to all benefit claimants. After the one month date your claim will be cancelled.

I myself have successfully appealed a DWP descion nine months later and won my case! This resulted in a back payment of £3,800 for me!
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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