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I need advice about ESA MR please

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7 years 2 months ago #180270 by BlueJam
I need advice about ESA MR please was created by BlueJam
I am helping my son and his partner through an ESA nightmare and was hoping for some advice please. I'll start with the explanation we sent as our request for MR...
"Dear Sir or madam

I wish to apply for a Mandatory Reconsideration of the decision made on 21st December 2016, which cancelled my Employment and Support Allowance claim. I do not believe you gave me opportunity to give you my reasons for not attending an appointment. Therefore your grounds for not accepting “Good Cause for not attending” cannot be correct.

On 7th November 2016, my partner & I moved to [New address]. Letters were sent to DWP, during the week prior to moving, advising you of our new address.

On 14th November 2016, I received a letter dated 10th November 2016, giving me an appointment for 7th December in the Outpatients Department of Cardigan & District Memorial Hospital which had been sent to our old address. I collected this when I met the landlord at the old address, for his final inspection of the property and to hand over keys. From 14th November I no longer have rights or access to that property.

On both 14th and 15th November 2016, my mother telephoned Health Assessment Advisory Service to explain that I would not be capable of attending an appointment in a hospital environment due to my extreme stress and anxiety levels and that the travel would be too difficult for me. She asked that a home visit be arranged. Mum was told to send medical evidence for a home visit to be considered.


On 15th November 2016, my mother sent a photocopy of a letter from my doctor, along with a covering letter, to Health Assessment Advisory Service . I believed these would be sufficient evidence that I would be unable to attend an appointment in an Outpatient’s Depart of a Hospital.

I heard no outcome from the consideration for a home visit, but another letter dated 27th November 2016 was sent to my new address, regarding the same appointment for 7th December at Cardigan & District Memorial Hospital.

On 2nd December my Mother telephoned to query why I had been sent another appointment letter? She explained that it’s not just a case of I wouldn’t attend, but I couldn’t attend. I am unable to cope with visiting such an environment. Already these appointment letters are making me extremely agitated and I am at increasing risk of suicide or causing injury to myself or others. Mum was advised that, given my circumstances, I should simply “not attend” and that a letter would be sent out giving me a chance to explain my reasons.

On 22nd December 2016, a neighbour from the old address came to drop off mail that had been found at the old address. Apparently, the property is still vacant, and therefore the landlord only checks on the property occasionally. When he found mail, he asked a neighbour to bring it to me, next time he was passing. The 22nd of December had been the neighbour’s first opportunity to deliver it.

The mail that was brought, was a letter dated 08/12/16 including form BF223(ESA) which had to be completed and returned by 15/12/16 . My mother immediately telephoned ESA for me, to request an extension on the deadline for returning this form because it had been sent to the wrong address and I had only just received it. She was told that the Claim was already closed.

Later on 22nd December the postman delivered the letter regarding the decision of 21st December to my current address.

I suffer from extreme anxiety when in company, especially with people I don’t know or if there are more than 2 or 3 people in a room. I find travelling difficult because of pain from vibration when in vehicles. The prospect of having to visit a hospital environment with many people around, is causing me to experience a complete melt-down of my mental health.


I respectfully request that a Mandatory Reconsideration of the decision made on 21st December 2016 be made and also look into the possibility of a home visit if a further medical examination is necessary If further evidence is required to entitle me to a home visit, please advise what further evidence would be acceptable.
Please find enclosed duplicates of :-
Doctor’s letter dated 05/08/16
Covering letter written by my Mother on 15/11/2016
Appointment letter dated 27th November 2016
BF223(ESA) Letter/Form dated 08/12/2016
Tenancy Agreement
Decision letter dated 21/12/2016
Letter from [Mam] dated 4th January 2016

I am unable to cope with telephone calls dealing with official things like benefits. Today I lost control whilst speaking to a gentleman from Aberystwyth Jobcentre. He was able to take verbal permission from me to allow my mother to call him back and find out my options for me. She has then been able to explain things to me in my own time and understanding.

Yours"


If you've had the patience to read this far, you can see that the new address had clearly been updated on the system because he had received a letter dated 27th November sent to their new address.

On 2nd December I was advised that he shouldn't attend and he would get the opportunity to explain his reason for not attending.

On 8th December they wrote to him at the old address, with a form to return by 15th December (which he wouldn't have received at all if it wasn't for the kindness of an old neighbour).

On 21st December they wrote to him at the new address to say his ESA had been cancelled.

We asked for a reconsideration on the grounds that he wasn't given the opportunity to explain his reasons for not attending the F2F assessment. Unfortunately, with Zero income, they have lost their tenancy and have been forced to move again. Once again letters have been sent regarding their newest address.

He received a refusal of MR the day before he handed over the keys to the tenancy. I know we now have to go to appeal, but my son cannot deal with things like this because of his severe dyslexia, learning dis and mental health issues and I'm struggling to get my head around it at the moment. Any help or advice would be much appreciated please

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7 years 2 months ago #180309 by Gordon
Replied by Gordon on topic I need advice about ESA MR please
J

Welcome to the forum.

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


As your MR has been rejected your only option is to appeal.

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and instructions on how to complete it.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, you should wait until you receive this to finish and submit your own.

If you have further 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

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