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Mandatory Reconsideration Notice
- dawn rittenberg
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8 years 3 months ago #147323 by dawn rittenberg
Mandatory Reconsideration Notice was created by dawn rittenberg
Hi all,
Happy new year. ..
I put in writing a letter of reconsideration and my reply was, that they have not changed their minds due to clinical findings, observations and extracts taken from a typical days history provided by myself.
They are satisfied that their Health Care Professional was entirely consistent and my physical and mental functions were correct.
They state that in my reconsideration letter I have questioned coping with social interaction and getting about!
I suffer with ulcerative crohns colitis and at my initial and only WCA, this was addressed. Every reply I have received from ESA's decision makers in writing have contradicted themselves.
I cannot understand how they can justify one meeting with a Health Professional as observation to my condition in the past,present & my future.
I am going to appeal their decision but have not got much time as I did not receive their reply to my letter until the 21/12/2015 during the festive season. They claim I requested this on the 10/12/2015 which is not true as it's my birthday & I would have remembered the date!
Do you think that it is worth my time and energy appealing their decision as I feel they have made my mental & physical health deteriorate further than before.
If so is there any additional advice or information you could give me ?
I understand that it is advice and guidance only.
Kind regards
DR
Happy new year. ..
I put in writing a letter of reconsideration and my reply was, that they have not changed their minds due to clinical findings, observations and extracts taken from a typical days history provided by myself.
They are satisfied that their Health Care Professional was entirely consistent and my physical and mental functions were correct.
They state that in my reconsideration letter I have questioned coping with social interaction and getting about!
I suffer with ulcerative crohns colitis and at my initial and only WCA, this was addressed. Every reply I have received from ESA's decision makers in writing have contradicted themselves.
I cannot understand how they can justify one meeting with a Health Professional as observation to my condition in the past,present & my future.
I am going to appeal their decision but have not got much time as I did not receive their reply to my letter until the 21/12/2015 during the festive season. They claim I requested this on the 10/12/2015 which is not true as it's my birthday & I would have remembered the date!
Do you think that it is worth my time and energy appealing their decision as I feel they have made my mental & physical health deteriorate further than before.
If so is there any additional advice or information you could give me ?
I understand that it is advice and guidance only.
Kind regards
DR
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- Gordon
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8 years 3 months ago #147340 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration Notice
DR
Unfortunately the process is the process, I may not think it is adequate but it is the framework within which we must operate!
A couple of points first;
ESA is not awarded because of the conditions that the claimant had but rather the limitations that result from those conditions. Two claimants could be suffering from the same form of cancer, one is restricted to bed due to the effects of their treatment and the other continues to work.
I realise the following is contradictory. ESA looks at a claimants ability to work, not to do a particular job, but to do any job. However, it does not directly tests the claimants ability to work, rather it looks at a number of functional areas and depending on their capabilities declares then fit or not.
To be successful you need to argue on the DWP terms, attempting to do so on your own is unlikely to be successful.
So to try and answer you question about taking the matter further, do you believe that you meet sufficient of the ESA Descriptors to be placed in the WRAG or one or more of the Support Group ones? If you do and you believe that you have evidence to support this then you should seriously consider carrying on to appeal, if you don't then you question whether it worth the stress and effort to appeal with limited likelihood of success.
Gordon
Unfortunately the process is the process, I may not think it is adequate but it is the framework within which we must operate!
A couple of points first;
ESA is not awarded because of the conditions that the claimant had but rather the limitations that result from those conditions. Two claimants could be suffering from the same form of cancer, one is restricted to bed due to the effects of their treatment and the other continues to work.
I realise the following is contradictory. ESA looks at a claimants ability to work, not to do a particular job, but to do any job. However, it does not directly tests the claimants ability to work, rather it looks at a number of functional areas and depending on their capabilities declares then fit or not.
To be successful you need to argue on the DWP terms, attempting to do so on your own is unlikely to be successful.
So to try and answer you question about taking the matter further, do you believe that you meet sufficient of the ESA Descriptors to be placed in the WRAG or one or more of the Support Group ones? If you do and you believe that you have evidence to support this then you should seriously consider carrying on to appeal, if you don't then you question whether it worth the stress and effort to appeal with limited likelihood of success.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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