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7 years 2 months ago #179938 by Gordon
Replied by Gordon on topic What to do next

williams wrote: Thanks Gordon No im not on my wifes ESA claim.


From your post, your JSA was refused because you do not have any NI Contributions in the required years.

Providing you can make a claim for Income Related JSA then it cannot be refused because you not Fit for Work, whether anybody agrees with it, your ESA refusal means that you are legally Fit for Work so providing you state that you are when you make a claim, there is no reason for a claim not to be accepted.

Gordon

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7 years 2 months ago #180297 by adam_ant
Replied by adam_ant on topic What to do next
Just received the notice of the mandatory reconsideration and they are not changing decision. The doctor has given me a six month sick note saying im not fit for work. Where do i go now im so fed up of fighting and being disabled and told in the letter being told whilst it is appreciated you suffer from pain. It must be remembered that activities do not have to be performed without any discomfort or pain and suffering more pain when doing so is not a reason in itself to be found to have limited capability for work.

Help needed

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7 years 2 months ago #180332 by Gordon
Replied by Gordon on topic What to do next

williams wrote: Just received the notice of the mandatory reconsideration and they are not changing decision. The doctor has given me a six month sick note saying im not fit for work. Where do i go now im so fed up of fighting and being disabled and told in the letter being told whilst it is appreciated you suffer from pain. It must be remembered that activities do not have to be performed without any discomfort or pain and suffering more pain when doing so is not a reason in itself to be found to have limited capability for work.

Help needed


The ESA MR & Appeal guide has links to the SSCS1 that you will need to complete and instructions on how to complete the form, at this stage you do not have to go into detail about why you are appealing.

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

Gordon

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7 years 1 month ago #182936 by adam_ant
Replied by adam_ant on topic What to do next
I wish to appeal the mandatory reconsideration notice which date do i go by as on the letter it states the decision was reached on the 23rd Jan 17 and the letter is dated 31st January. I didnt receive this till 9th February so when do i have till i need to have the appeal registered thanks

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7 years 1 month ago #182956 by Gordon
Replied by Gordon on topic What to do next

williams wrote: I wish to appeal the mandatory reconsideration notice which date do i go by as on the letter it states the decision was reached on the 23rd Jan 17 and the letter is dated 31st January. I didnt receive this till 9th February so when do i have till i need to have the appeal registered thanks


It's the date on the Mandatory Decision Letter, from your post this appears to 31 January, so any request for an appeal will now be classified as Late, you will need to explain why this is the case in any request for an appeal that you make.

Gordon

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7 years 1 month ago #183004 by adam_ant
Replied by adam_ant on topic What to do next
Hi Gordon
Ive rang Bradford tribunal hearing centre who told me that as the letter is dated 31st January 2017. I have till the 3rd March to request an appeal hearing.

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