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Mandatory Reconsideration help needed please
8 years 2 months ago - 8 years 2 months ago #151651 by bro58
Hi, M,
There is guidance on requesting an MR/Appeal of an adverse ESA decision on the page that Gordon gave you the link to.
On the same page you will also see our two guides (2nd & 3rd links down) on how best to explain how you qualify.
See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
To gain access to The WRAG, you muct score a minimum of 15 points cumulatively across all/any of : The Functional WRAG (LCW)Schedule 2 Activities/Descriptors or if you can't qualify via that route, under : ESA Reg 29 for entry to The WRAG (LCW)
PLUS Post 28/01/13 Amendment of :
(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—
(a)reasonable adjustments being made in the claimant’s workplace;
or
(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.
From : www.legislation.gov.uk/uksi/2012/3096/regulation/3/made
To gain access to The SG, you must show that you fulfil one, any one of : The Functional Support Group (SG) (LCWRA) Schedule 3 Activities/Descriptors , or if you can't, via : ESA Reg 35 for entry to The SG (LCWRA)
As you will see, some but not all of highest scoring WRAG Descriptors also correspond to some but not all of The SG Descriptors.
Whilst The MR process is ongoing, you cannot be paid ESA, so if you need some income, you can make a claim for JSA with reduced conditionality on your Job Seekers agreement to take account of your limitations.
If your MR is unsuccessful, once you appeal to the Tribunal and they have accepted it you can revert back to Assessment Rate ESA.
You should obtain "fit notes" from your G.P., but do not present them whilst also making a fresh JSA claim, keep them until after the MR is complete.
Even if you are not going to claim JSA, you should still obtain fit notes to cover you from the date of the fit for work decision, then present them to DWP when your appeal is accepted and you want to revert back to ESA.
See : This Post
You should Bookmark/Favourite this page in your Internet Browser now. That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.
See : This Topic also !
Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic !
Hope that help !
bro58
Replied by bro58 on topic Mandatory Reconsideration help needed please
Malabar wrote: Hi, thanks for your reply. Where can i find the specific criteria? Many thanks.
Hi, M,
There is guidance on requesting an MR/Appeal of an adverse ESA decision on the page that Gordon gave you the link to.
On the same page you will also see our two guides (2nd & 3rd links down) on how best to explain how you qualify.
See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
To gain access to The WRAG, you muct score a minimum of 15 points cumulatively across all/any of : The Functional WRAG (LCW)Schedule 2 Activities/Descriptors or if you can't qualify via that route, under : ESA Reg 29 for entry to The WRAG (LCW)
PLUS Post 28/01/13 Amendment of :
(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—
(a)reasonable adjustments being made in the claimant’s workplace;
or
(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.
From : www.legislation.gov.uk/uksi/2012/3096/regulation/3/made
To gain access to The SG, you must show that you fulfil one, any one of : The Functional Support Group (SG) (LCWRA) Schedule 3 Activities/Descriptors , or if you can't, via : ESA Reg 35 for entry to The SG (LCWRA)
As you will see, some but not all of highest scoring WRAG Descriptors also correspond to some but not all of The SG Descriptors.
Whilst The MR process is ongoing, you cannot be paid ESA, so if you need some income, you can make a claim for JSA with reduced conditionality on your Job Seekers agreement to take account of your limitations.
If your MR is unsuccessful, once you appeal to the Tribunal and they have accepted it you can revert back to Assessment Rate ESA.
You should obtain "fit notes" from your G.P., but do not present them whilst also making a fresh JSA claim, keep them until after the MR is complete.
Even if you are not going to claim JSA, you should still obtain fit notes to cover you from the date of the fit for work decision, then present them to DWP when your appeal is accepted and you want to revert back to ESA.
See : This Post
You should Bookmark/Favourite this page in your Internet Browser now. That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.
See : This Topic also !
Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic !
Hope that help !
bro58
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