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ESA Reconsideration 3 month wait

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7 years 3 months ago #176090 by speedy101
ESA Reconsideration 3 month wait was created by speedy101
Been on ESA WRAG for 6+ years

So far 3 zero point assessments and 2 won appeals.

This time WCA face to face beginning of July - decision came end of September of zero points - so sent off a request for a MR on the 2nd October coupled with the SAR letter in the guides.

I called the ESA helpline end of October to check receipt and was told they had both. Called to chase both the reconsideration and the SAR again end of November, it was confirmed they received them on the 6th of October and was pro missed a call back - which didn't happen.

At present I've just had a text stating they aim to complete my reconsideration by the 29th of December and they still haven't replied to the SAR either

I'm not really sure what to do next?

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7 years 3 months ago - 7 years 3 months ago #176106 by slugsta
Replied by slugsta on topic ESA Reconsideration 3 month wait
Hi speedy 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

There is no timescale in which DWP must complete a Mandatory Reconsideration. However, 3 months is rather longer than we would usually expect anyone to wait!

The only thing I can suggest is that you get your MP involved. They cannot interfere with the legal process but it is amazing how quickly a case file can get to the top of the pile when an MP has been involved!

Contacting your MP

As to the SAR, did you make this seperately from the MR request? Otherwise it probably won't be dealt with!

This is what we suggest -

Requesting a Subject Access Request (SAR) :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP.

If you have done this and more than 40 days has elapsed you can either complain to the Data Commissioner or ask your MP to deal with this too.

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 questions or comments about your ESA without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic. This helps us enormously - 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: 7 years 3 months ago by slugsta.

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7 years 3 months ago #176152 by speedy101
Replied by speedy101 on topic ESA Reconsideration 3 month wait
Thanks for replying!

Normally it's taken me 2-3 weeks (2 ESA and 3 DLA appeals) claims to get the standard no change in our decision letter. So I'm mystified as to why they keep extending this. I had welf help on my 1st 2 ESA/DLA claims and just modified an appeal letter (they kindly wrote back in 2010), editing the activity and what points I should have been awarded section. So no hint of sending anything new in.

I think the DWP decision makers have lost the plot a bit as the zero points decision letter had me awarded 6 points each for 2 activities clearly written in it.

It's now looking like 4-5 months before I might get the Tribunal Appeal Acceptance letter and then get ESA payments up and running again. What with postal strikes and Christmas maybe even 6 months.

There's no special linking rules or cut off points (e.g. like 6 months) I need to wary of is there? This time my DWP/IRS P45/Tax forms all arrived a few days after the decision notice.


On the SAR I used the one detailed in your ESA Appeals Guide Jan16 page 20. I've used SARs often to my GP Practices, NHS depts and soon my local Council and always use the same template with big bold Subject Access Request under the Data Protection Act 1998 across the top. Never had an issue before.

It was a separate letter; though I did send it in the same envelope as my mandy. If you haven't already it might be worth updating the guide if this is incorrect/needs clarifying.


I've been thinking of my MP but needed a bit of a push thank you!

I'm arguing 15 points for Activity 13 so this is taking a toll on me.

Apologies for the length of this I might be a wee bit squiffy :P

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7 years 3 months ago #176166 by ms2608
Replied by ms2608 on topic ESA Reconsideration 3 month wait
Mrs Hurtyback's advice to get your MP involved is excellent.

My MP contacted the DWP regarding an ongoing problem I had regarding "overpayments". In a totally separate matter, I submitted my request for MR on 14 November, as I had been moved to the WRAG following assessment. I received a letter dated 30 November, informing me that I had been moved back to the Support Group.

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7 years 3 months ago #176176 by Gordon
Replied by Gordon on topic ESA Reconsideration 3 month wait
Speedy

An MR or Appeal re-makes the Decision appealed from the date it was made, so there are no issues in regard the time it takes, providing that the MR and Appeal are requested within the one month allowed.

As to the SAR, you need to contact the DWP and allow them a chance to correct the issue, if they still fail to provide the information then you can make a complaint to the Information Commissioner. SARs should be responded to within 40 calendar days.

Gordon

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

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7 years 3 months ago #176212 by speedy101
Replied by speedy101 on topic ESA Reconsideration 3 month wait
Thank you Gordon.

That's what I thought I should do but have been procrastinating!

I'm going to write 2 letters;

a complaint to the DWP asking them to rectify the SAR and

another to my MP asking for their help with the SAR and also to highlight my 3 month wait on a Mandy.

Oh my decision letter actually has 'I award 6 points for this activity' (followed by ESA activity cut n paste descriptor explanation for you you to figure out) written in it twice before the final conclusion of zero points.
The following user(s) said Thank You: slugsta

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