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ESA Mandatory Reconsideration Notice sent early

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6 years 3 months ago #204393 by Gordon
Layla

I wasn't suggesting that you would qualify for the SG through these activities just that it was a possibility.

Your meeting the Substantial Risk criteria will be the last thing that the panel will consider, they will look at whether you meet the Descriptors first. If you qualify for the SG through one of these then they will not continue on to Substantial Risk.

Dealing with the issues in the report is important but is unlikely to lead to an award on it's own, so first show that you meet the criteria for the SG, through whichever route is available and then look at the report. Also deal with issues that relate to your being placed in the SG, anything more dilutes your message, so as example; if there are spelling mistakes then ignore 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 #204562 by layla28
Thank you for your reply (I agree with you that any spelling mistakes which may be in my report can be ignored, they would be the least of my concerns). At end November last year I sent an e-mail to the Customer Relations Manager, Centre for Health & Disability Assessments, to raise the issue that my ESA85 report does not acknowledge nor cover any aspect relating to my vulnerability for relapse. My GP provided medical evidence to CHDA and DWP during my re-assessment last year, detailing the long-standing recurrent nature of my condition, stating that stress/stressful situations precipitate and make my condition worse, putting me at risk of my mental health worsening. I finally received a letter in the post yesterday from CHDA Customer Relations, in response to my e-mail sent last November; the Customer Relations Medical Advisor has stated that after reviewing the HCP's report, they have identified my concerns that the report does not acknowledge information from my GP indicating that I am vulnerable to stressful situations which are likely to make my mental health worse. The letter goes on to state that the report does not discuss the aspect of risk of deterioration to my mental health if found fit for work or work-related activity and that the risk justification in ESA85 does not discuss this aspect, which undermines the decision to not apply risk, either limited capability for work or limited capability for work-related activity. The letter from CHDA Customer Relations further states that in view of the deficiencies identified in my report, they have notified the decision maker at DWP of their findings, and it is now for the decision maker to determine whether this information affects their original decision. I have not heard anything from DWP about the above so far. But in my post today I have now received an ESA50 Capability for Work Questionnaire from CHDA, for my completion by 14 February. Please can you advise me - should I contact DWP to ask why I have been sent the ESA50 to complete, when my case is now at appeal stage?

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6 years 3 months ago #204578 by Gordon
Layla

A new reassessment can be initiated at any time once three months have elapsed since the last Decision was made so you need to complete the form in detail, based on your current conditions and limitations and supply evidence as you can even if it was sent previously.

The advantage is that you can include how your health has deteriorated since the WRAG Decision, the downside is that a new Decision will limit any award made from you appeal, however, you don't have a choice so just do the best that you can.

This would be an opportunity for your GP to comment on your problems.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 3 months ago #204596 by layla28
Thank you for your reply; the Decision was notified to me on 9th November last year. The covering letter asking me to complete & return ESA50 does not state anything about a reassessment. Should I query why I am being asked to complete the esa50 at appeal stage ?

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6 years 3 months ago #204600 by layla28
Sorry, I don’t understand what you mean by “a new Decision will limit any award made from your appeal” ?

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6 years 3 months ago - 6 years 3 months ago #204627 by Gordon

layla28 wrote: Thank you for your reply; the Decision was notified to me on 9th November last year. The covering letter asking me to complete & return ESA50 does not state anything about a reassessment. Should I query why I am being asked to complete the esa50 at appeal stage ?


From your original post the Decision to place you in the WRAG applied from 21 October 2017.

I realise this still isn't three months but it is only days short of it.

My guess is that the ESA50 has been issued in response to Maximus updating it's recommendation to the DWP as a result of your complaint.

Gordon

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 3 months ago by Gordon.
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