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ESA Mandatory Reconsideration Notice sent early

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6 years 3 months ago #204245 by Gordon
Layla

If you get the GP to write now, what are they going to write about? All you have available now is the full list of WRA in the guide, so they may end up answering issues that do not exist and you cannot assume that they will think that you problems with everything, so their letter could end up being unusable.

If you wait then they will only have to deal with the issues that the DWP have raised and a reduced list may mean that they agree you would have problems with everything on it.

Yes, any information that they provide must make it clear that it appealed at the date of the Decision as well as now.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 3 months ago #204264 by layla28
Thank you for your advice, I really appreciate it. In one of your recent replies you said that you don't see a reason why my GP cannot comment on my situation now, and how the stress of being in the WRAG has affected me - from that reply you sent to me, I wasn’t sure if you had changed your mind about your previous advice to me - ie, to wait until I receive the DWP’s Appeal submission & customised work related activities - before I speak to my doctor about a supporting letter.

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6 years 3 months ago #204283 by Gordon
LAyla

There's no harm in your speaking to your GP, in fact it may help if you understand the support they are willing to provide, but I would still wait until you have the DWP's thoughts on the matter before asking your GP to comment on them.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 3 months ago #204320 by layla28
In my WCA Report, the HCP ticked the box "none of the above apply" for 'Initiating and completing personal action' (Activity 13) and also ticked the box "none of the above apply" for 'coping with change' (Activity 14). My condition causes me major problems with activity 13, and I definitely think I should have been awarded points for both of these activities. (The HCP awarded 9 points for 'coping with social engagement', and 9 points for 'Getting about'). When it gets to the appeal submission stage, is there any point in me stating that I feel I should have been awarded points for these activities? My grounds for appeal are that I believe I still continue to meet the exceptional circumstances criteria for support group, but is it important for me to point out in my appeal how my condition affects me in regards to activities 13 and 14 as well? I believe that the examples the HCP gave in my report for both of these activities are deficient.

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6 years 3 months ago #204350 by Gordon
Layla

Both these activities can lead to an SG award in their own right and both relate to some of the things that you might be asked to do as part of your doing WRA so it is definitely worth your expanding on why you would have problems with these activities.

But it does need to be more that you simply mentioning that you should have scored, you need to explain in detail why you should have and how your being asked to do these activities will effect you.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: layla28

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6 years 3 months ago #204374 by layla28
Thank you for your reply, I really appreciate your advice. My understanding is that each of the activities 13 and 14 can lead to a support group award, but I thought that can only happen if the Tribunal (or the DWP - if my case was still at the decision-making stage) decides that I FULLY satisfy at least one of those activities)? For my appeal submission, I will explain the reasons why I feel that I should have been scored for activities 13 and 14 - these have not been adequately justified in the HCP's Report and this resulted in 'none of the above apply' for activities 13 and 14. One of my examples for activity 13 will be that I felt so overwhelmed by form ESA50 that I felt completely unable to complete or return the form. The DWP accepted that my current state of health was good cause for me being unable to complete or return ESA50 - I feel that this shows evidence of acceptance by the DWP, that they accept my condition affects my ability to complete tasks. Your recent advice to me has confirmed my feeling that it is also really important for me to try to explain why I feel I should have been scored for activities 13 and 14 and explain how my condition causes problems for me with these activities - I agree with you that both activities relate to some of the things which I may be asked to do as part of work-related activities. My main grounds for appeal are the substantial risk of deterioration to my mental health if found not to have limited capability for work-related activity. If the Tribunal accepts that I still meet the substantial risk criteria and the result is that I am re-instated in the support group, would any additional scores from activities 13 and 14 still be awarded? For the appeal submission, is it important for me to point out all discrepancies and distortions within my report, to avoid any of these being carried over to my next assessment? ie, if I don't raise these at appeal, I run the risk of discrepancies being carried over as fact in my next assessment?

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